Aarti Arora, School of Law, Christ (Deemed to be University)
ABSTRACT
Live-in relationships have always been considered a taboo in India as it is considered against the traditional views and values of the people. But as the world is modernising, there have been more couples opting to stay in live-in relationships rather than getting married. Many people have started accepting this concept but there is still a majority of people who are completely against such relationships. But, just because such relationships do not conform to the notions of morality of some people, they cannot be deprived of their rights. The Surrogacy (Regulation) Act, 2021 specifically defines persons who can become parents through surrogacy in India as married couples and single women who are widows or divorced. The courts have in various cases upheld that the right to reproductive choices and autonomy are fundamental rights within the scope of the right to life guaranteed under the Constitution. The courts have also granted legal recognition to live-in relationships and considered such relationships to be in the nature of a marriage. Further, it has been declared that the children born to a live-in couple are legitimate and have all the rights that a child born to a married couple would have. It is contended that the exhaustive definition of intending parents in the Surrogacy (Regulation) Act, 2021 places limitations on the rights of live-in couples. This paper deals only with how the Act affects the rights of live-in couple and not the other classes of persons that have been excluded from the scope of the intending parents like same-sex couples, single men, etc. The paper intends to also recommend ways in which the issue can be dealt with.
Keywords: Live-in relationships, Surrogacy (Regulation) Act, 2021, Right to reproductive choices, Right to reproductive choices, Right to life.
