Question

Rani and Shiva would like to opt for surrogacy. They have been married for 6 years. Rani is aged 51 and Shiva is aged 53. Both Rani and Shiva have built successful business empires. They are now working together on a joint initiative. Due to the demanding nature of their work, they have not thought about children previously. However, they are now keen to have a child via surrogacy. Are Rani and Shiva eligible for surrogacy under the SRA?

• A. Yes, because they have been married for more than 5 years.
• B. Yes, because they have financial capacity to bring up a child.
• C. No, because they do not fall within the legal requirements of intending parents.
• D. No, because they are not an infertile couple.
• A. Statement iii
• B. Statements ii and iii
• C. Statements ii, iii, and iv
• D. Statements i, iii, and iv
• A. Yes, because they have no biological children.
• B. No, because they have an adopted child.
• C. Yes, because their adopted child has been diagnosed with Striker’s Syndrome.
• D. Yes, because their right to procreation and parenthood is protected under Article 21 of the Indian Constitution.
• A. Yes, because Kishore and Noor are bound by the contract under the ICA.
• B. Yes, because the intending parents and the surrogate meet the eligibility requirements under the SRA.
• C. No, because the surrogate meets the eligibility requirements under the SRA.
• D. No, because SRA allows only altruistic surrogacy, so the contract is not valid under the ICA.
• A. The non-discrimination clause does not explicitly mention sexual orientation.
• B. Discrimination on the basis of sex could include discrimination on the basis of sexual orientation.
• C. The non-discrimination clause is not restricted to explicitly mentioned grounds.
• D. Surrogacy is restricted under the SRA to married couples, and only heterosexual couples can get married.

Answer 1

The Correct Option is C

Step 1 (Surrogacy eligibility under SRA).
The Surrogacy (Regulation) Act, 2021 specifies that only legally married Indian couples, who are infertile, are eligible for surrogacy. The couple must also meet specific age and marital requirements.
Step 2 (Rani and Shiva’s situation).
Rani and Shiva, though married for more than five years, are not infertile, which disqualifies them from eligibility under the SRA.
Step 3 (Conclusion).
Rani and Shiva are not eligible for surrogacy because they do not meet the infertility requirement under the SRA.
\[ \boxed{\text{No, because they do not fall within the legal requirements of intending parents. (Option C)}} \]

Answer 2

Step 1 (Eligibility requirements for surrogate).
Under the SRA, a surrogate mother must meet specific criteria. She should be a close relative, married with at least one child of her own, aged between 25 and 35, and have been a surrogate only once in her life.
Step 2 (Geeta’s situation).
- Statement ii: While Geeta is married, the requirement is for her to be a close relative, which makes this requirement unnecessary. - Statement iii: Geeta has been a surrogate more than once, which violates the requirement that a surrogate can only be a surrogate once.
Step 3 (Conclusion).
Geeta is ineligible based on her being a surrogate twice. Statements ii and iii are false.
\[ \boxed{\text{Statements ii and iii (Option B)}} \]

Answer 3

Step 1 (Eligibility under SRA).
The SRA prohibits surrogacy for couples who already have a biological or adopted child, unless the child suffers from a life-threatening disorder or fatal illness.
Step 2 (Application to Joseph and Neena).
Since Maya, their adopted child, is diagnosed with a fatal illness, Joseph and Neena qualify for surrogacy under the Act.
Step 3 (Conclusion).
Joseph and Neena are eligible for surrogacy under the SRA due to their adopted child’s condition.
\[ \boxed{\text{Yes, because their adopted child has been diagnosed with Striker’s Syndrome. (Option C)}} \]

Answer 4

Step 1 (Review of Surrogacy Regulation Act).
Under the Surrogacy (Regulation) Act, 2021, commercial surrogacy is banned in India. The SRA allows only altruistic surrogacy, which means the surrogate cannot receive any payment other than medical expenses and prescribed expenses.
Step 2 (Review of the contract).
Since Kishore and Noor are required to remunerate the surrogate with ₹2 lakh, this contract is commercial, violating the provisions of the SRA. Such a contract is not valid under the Indian Contract Act, as it is prohibited under the SRA.
Step 3 (Conclusion).
The surrogate will not succeed in demanding payment as the contract violates the provisions of the SRA.
\[ \boxed{\text{No, because SRA allows only altruistic surrogacy, so the contract is not valid under the ICA. (Option D)}} \]

Answer 5

Step 1 (Non-discrimination clause).
The Constitution’s non-discrimination clause prohibits discrimination based on various grounds, including sex. The argument can be made that discrimination on the basis of sex can extend to discrimination on the basis of sexual orientation.
Step 2 (Application to Karan and Daniel’s case).
Karan and Daniel are being denied access to surrogacy under the SRA simply because they are a homosexual couple, which is discriminatory based on sexual orientation. This can be viewed as a violation of the right to equality under the Constitution.
Step 3 (Conclusion).
The strongest argument supporting Karan and Daniel’s claim is that discrimination on the basis of sex includes discrimination on the basis of sexual orientation.
\[ \boxed{\text{Discrimination on the basis of sex could include discrimination on the basis of sexual orientation. (Option B)}} \]