Ethical and Legal Status of Family, Women and Children

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Description
The institution of marriage must be protected and preserved in the country, and it cannot follow the model of Western countries where children are born outside of marriage, the Supreme Court (SC) said on Monday, expressing reservations about allowing unmarried women to become mothers through surrogacy.
While hearing the petition of a 44-year-old unmarried woman who approached the top court seeking permission to become a mother through surrogacy, which is not permitted by law, Justices B V Nagarathna and Augustine George Masih stated that a single woman bearing a child outside marriage was the exception rather than the rule in Indian society.
"It is a norm here to become a mother within the institution of marriage. Being a mother outside the institution of marriage is not the norm. We are concerned about it. We are speaking from the point of view of (the) child's welfare. Expressing doubts as to whether the institution of marriage survives or not in the country, SC observed that we are not like Western countries. The institution of marriage has to be protected. You can call us and tag us conservative, and we accept it," the court observed.1
The petitioner, who works for a multinational corporation, approached the court through her lawyer, Shayamal Kumar, to challenge the validity of section 2(s) of the Surrogacy (Regulation) Act, which defines "intending woman" as an Indian woman who is a widow or divorcee between the ages of 35 and 45 and intends to avail the surrogacy option. This suggests that a single unmarried woman is not eligible to become a mother through surrogacy.
At the outset of the hearing, the bench informed the woman that there were alternative options for becoming a mother, such as marrying or adopting a child. However, her lawyer stated that she did not want to marry and that the waiting period for adoption was quite long.
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Table of Contents
1. Status of Women, Children and Family in India
2. Family, Children and Fundamental Rights Under German Constitution
3. Status of Women and Children Under Russian Constitution
4. Right to Respect for Private and Family Life in Echr
5. Rights and Liberties of Family, Women and Children Under United Kingdom
6. Women and Justice in Taiwan
7. Status of Family and Children in Indonesia
8. Status of Family and Children in Bangladesh
9. Status of Women, Family, and Child in France
10. The Family as a Unit of Social Fabric
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Author Details
B. R. Atre