In an affidavit, the Centre has said the law was passed by Parliament after receiving comments from all stakeholders and the provisions challenged by the petitioners — an unmarried man and a married woman with a child filed two separate petitions — regulate the procedure of assisted reproductive technology (ART) and surrogacy.
“Both Surrogacy (Regulation) Act, 2021, and Assisted Reproductive Technology (Regulation) Act, 2021, have been enacted after following due prescribed procedure as per law. Hence, there are no comments. The provisions challenged by the petitioners in the writ petition are to regulate the procedure of the ART and surrogacy.
If these clauses are diluted, the whole purpose of both the Acts will be defeated,” the counter-affidavit filed by the Union ministry of health and family welfare contended.
“Both the Acts are enacted so that the procedures followed in the ART and surrogacy can be regulated in an appropriate manner, as per rules and regulations, with an intention to restrict sale/purchase/commercialization, etc, of embryos/gametes/new born child, etc,” it added.