The Supreme Court has agreed to examine whether provisions of the Surrogacy (Regulation) Act that prevent married couples with one surviving child from opting for surrogacy to have a second child amount to an unreasonable restriction on reproductive rights.

A bench of Justices B.V. Nagarathna and R. Mahadevan issued notice on a petition filed by a couple suffering from secondary infertility — a condition where a woman is unable to conceive or carry a pregnancy after previously giving birth.

Under the current law, an intending couple having any surviving child — whether biological, adopted, or born through surrogacy — is barred from availing surrogacy for a second child. An exception exists only if the existing child is mentally or physically challenged or suffers from a life-threateni

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