The Supreme Court has agreed to examine whether a law 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.

An intending couple having any surviving child biologically or through adoption or through surrogacy earlier cannot avail surrogacy procedures for a second child.

However, if the surviving child is mentally or physically challenged or suffers from life life-threatening disorder or fatal illness with no permanent cure, the couple can avail surrogacy for a second child after obtaining a medical certificate from a district medical board and with the approval of the appropriate authority.

A bench of Justices BV Nagarathna and R Mahadevan took note of the submission

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