The Supreme Court has agreed to examine if a provision of the Surrogacy (Regulation) Act, 2021, banning married couples facing secondary infertility from using surrogacy to have a second child amounts to a restriction by the state on the reproductive choices of citizens.

Secondary infertility is a condition caused by factors such as age, hormonal changes, medical conditions and lifestyle, leading to inability to have a successful pregnancy or give birth after having at least one child without the use of fertility treatments. It can affect both men and women.

One of the provisions under Section 4 of the Act debars an intending couple having any surviving child biologically or through adoption or through surrogacy earlier from availing of surrogacy procedures for a second child, unless the

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