- (1.) We have heard the learned counsels for the parties at length as well as Mr. Ranjit Kumar, learned Solicitor General for India.
(2.) Pursuant to the hearing that has taken place on the previous dates, the learned counsels for the parties have offered their views on the issues that confronts the Court in the present proceeding. The said issues are enumerated hereinunder : "1. Whether in commercial surrogacy the surrogate mother is the only mother of surrogate child The Petitioner raises this issue in view of the pain and suffering the mother undergoes for 9 months and the risk along with all the psychological and emotional problems. 2. Whether a lady who donates her egg in connection with a commercial surrogacy mother can be said to be mother 3. Whether both "surrogate mother" and "genetic mother" (who has donated the egg) can both be said to be mother of the surrogate child. 4. Whether commercial surrogacy involved sale of a child in view of the fact that surrogate mother relinquishes her parental rights for money 5. Whether commercial surrogacy amounts to renting of a womb 6. Whether commercial surrogacy is immoral and is opposed to public policy and therefore void u/s 23 of the Contract Act. 7. Whether commercial surrogacy as practiced in India amounts to economic and psychological exploitation of surrogate mother 8. Whether commercial surrogacy is inconsistent with the dignity of Indian womanhood and therefore violative of Article 21 of Constitution 9. Whether commercial surrogacy involves trafficking in human beings as it involves sale of a surrogate child, relinquishment of the surrogate's parental rights for money and involves rent of womb thus violating Article 23 of the Constitution. 10. Whether commercial surrogacy should be prohibited 11. Whether import of human embryo amounts to commoditization of human life and thus violates article 21 Whether notification dated 2.12.2013 of the GOI issued under S.5 of the Foreign Trade (Development & Regulation) Act is violative of Articles 21 & 23 13. Whether human rights of a surrogate child born out of commercial surrogate are violated and as such child would face psychological & emotional problems. 14. Legal system does not seem to have answer to the following questions : (a) What happens if surrogate dies during child birth (b) What can surrogate do if commissioning couple refuse to take child on the ground that it is abnormal of physically/mentally challenged. (c) Case when surrogate refuses to hand over child. (d) remuneration of surrogate. (e) Who will bear the medical bills if surrogate falls ill. (f) What happens to unused eggs or embryos and who supervises their fate. (g) Should surrogacy arrangements be disclosed to child. If so, when -
(3.) The learned Solicitor General who was not available on the previous dates of hearing is in Court today and has submitted that the proposed Bill i.e the Surrogacy (Regulation) Bill, 2014 is undergoing the consultative process at present and he anticipates a period of three months for the process to be over. Thereafter, according to the learned Solicitor General, the matter will be placed before the Cabinet and finally before the Parliament.;