DMK MP calls for surrogacy laws to be inclusive of LGBTQIA persons

Tamil Nadu MP Thamizhachi Thangapandian has written to the Secretary General of the Lok Sabha seeking steps for greater inclusion and protection of the LGBTQIA+ persons. The letter sent on July 18 said the Surrogacy (Regulation) Act (2021) currently permits only heterosexual couples to have children via surrogacy. 

She urged the government to take steps to withdraw this section so that couples and individuals who identify themselves as LGBTQIA+ can also make use of the provisions under surrogacy laws to have children. The letter said Assisted Reproductive Technology Act (2021) prevents LGBTQIA+ persons from having children and must be rectified. 

The letter also highlighted how LGBTQIA+ persons have been “subjected to brutal discrimination in education, health and employment” and highlights the need to create laws to protect them. 

Thangapandian’s letter stated that three crucial legislations passed in the Parliament curtail the rights of LGBTQIA+ persons and urged the government to withdraw harmful provisions in them. The MP stated that certain provisions of the Surrogacy (Regulation) Act (2021), Assisted Reproductive Technology Act (2021), and the Medical Termination of Pregnancy (Amendment) Act (2021) excludes the LGBTQIA+ persons. 

The Surrogacy (Regulation) Act (2021) does not permit LGBTQIA+ couples to opt for surrogacy as it mandates that one or both members of the couple provide a certificate from the District Medical Board proving their infertility. The Assisted Reproductive Technology Act (2021) states that a person capable of donating an egg to assist in reproduction has to be married and must have a child who is at least three years old. 

The DMK MP “urged the Union Government” to expand the definition of ‘women’ in the Medical Termination of Pregnancy (Amendment) Act (2021) so that intersex and trans people can avail abortions. The letter also requested the government to provide redressal to members of the LGBTQIA+ community so that there is no discrimination against them when they seek employment and housing.