The second issue: On surrogacy for a second child

The Supreme Court’s recent observations about the legality of going in for surrogacy for the second child has raised the fundamental issue of what a law is meant to regulate. In a petition in the Court, a couple facing secondary infertility sought to use surrogacy, as under the Surrogacy Act , surrogacy cannot be resorted to for the second child. Their advocate argued that the state cannot interfere in the private lives and reproductive choices of citizens. Secondary infertility is when a couple is unable to conceive, or carry a pregnancy to term, though they have previously birthed children naturally. The causes are similar to primary infertility — Polycystic Ovary Syndrome, endometriosis, and lifestyle factors. The petitioners sought an exemption to have a second child through surrog