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The Supreme Court of India has agreed to hear a significant constitutional challenge to a provision of the Surrogacy (Regulation) Act, 2021, which bars married couples facing secondary infertility from using surrogacy to have a second child. The central question before the bench is whether this legislative restriction amounts to an unconstitutional intrusion by the State on the fundamental right to reproductive choice and personal liberty of its citizens, guaranteed under Article 21 of the Constitution.

The petition specifically targets Section 4(iii)(C)(II) of the 2021 Act. This section debars an intending couple from availing surrogacy if they have a surviving child, regardless of whether that child was born biologically, adopted, or through a previous surroga

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