The Supreme Court has agreed to examine if a provision of the Surrogacy (Regulation) Act, 2021, which bans 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.

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

Under the Surrogacy (Regulation) Act, 2021, one of the provisions under Section 4 debars an intending couple with a surviving child (biological, adopted or through surrogacy) from availing surrogacy procedures for

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