Mumbai, Apr 21 (PTI) The Bombay High Court on Monday said allowing a 36-year-old divorced woman to go for surrogacy may have wider repercussions and wondered if it would ultimately lead to commercialization of surrogacy.

A division bench of Justices G S Kulkarni and Advait Sethna said it has to also consider the rights of the child born and not just that of the woman.

The court was hearing a petition filed by the woman, divorced with two children who are in the custody of their father, seeking to go for surrogacy.

The woman in her plea, filed through advocate Tejas Dande, said she cannot conceive as she had medically removed her uterus and does not intend to also remarry.

Her application was rejected on the ground that she already has two children and, hence, does not fall under the definition of “intending woman” under the Surrogacy Act.

Under the Act, a widow or divorcee can opt for surrogacy if she does not have any surviving child or if the surviving child has any life threatening ailment.

The bench noted that the Supreme Court was seized of several matters related to the definition of “intending woman” and if a single unmarried woman also falls under this purview.

“This petition also pertains to a larger issue. In this view, we are of the opinion that the petitioner can approach the Supreme Court and seek interference in the matters pending there. We are unable to grant any interim relief at this stage. We adjourn the matter sine dine (indefinitely),” the HC said.

The court said the present case may be genuine but allowing the same may have wider repercussions. This is not a simple case and involves a larger issue, the HC added.

“This may lead to commercialization of surrogacy. There are some rights of the child too once born. We cannot just think about women’s rights. Look at the repercussions,” the court said.

The bench questioned what happens if in future an unmarried couple seeks to go for surrogacy but then later they separate.

“Is that the intention of the legislation? Is it permissible under law?” the court questioned.

The woman in her plea sought a direction to National and State Assisted Reproductive Technology and Surrogacy Board to grant her a certificate of medical indication under Surrogacy (Regulation) Act and to allow her to undergo the consequential procedures required for surrogacy.

As per the plea, the woman got married in 2002 and has two children. In 2012, she underwent a hysterectomy procedure.

In 2017, the woman got divorced and the two children are presently in the custody of their father and she has no access to them.

The woman now wishes to have a child through assisted reproductive techniques and since she has no uterus the only option available is surrogacy.

The woman’s advocate Tejas Dande said she falls under the definition of ‘intending woman’, that is a single person or divorcee under the Surrogacy Act.

As per the petition, the woman’s eggs could be used for the surrogacy procedure and that a recommendation letter was addressed by the medical director of a private hospital in Pune to the civil surgeon of the district hospital there.

“Being a divorcee and living alone, the petitioner who is still young seeks to resort to surrogacy for achieving motherhood. The petitioner does not have any mother-child relation with her two children,” the petition said. PTI SP BNM