Bombay High Court held that a couple cannot be denied surrogacy solely because the wife exceeds 50 years, if the husband meets the Surrogacy Act’s age criteria.
Bombay HC Allows Surrogacy Despite Wife's Age
The Bombay High Court has ruled that a married couple cannot be denied surrogacy solely because the wife is over 50 years of age, provided the husband falls within the permissible age limit under the Surrogacy (Regulation) Act, 2021. A Bench of Justices Bharati Dangre and Ashish Chavan set aside an order by the Nashik Municipal Corporation rejecting an eligibility certificate for a 54-year-old woman and her 53-year-old husband.
The municipal authority had invoked Rule 4(iv) of the Surrogacy Rules, 2022, which prescribes that both intending parents must be between 25 and 50 years. The Court interpreted the provision contextually, noting that the woman's advanced age alone does not negate the couple’s right to parenthood through surrogacy, especially given advancements in reproductive medicine and the lack of medical contraindication in this case.
"The objective of the Act is to prevent exploitation and ensure responsible surrogacy, not to impose mechanical disqualifications without medical assessment,"the Court observed.
The decision underscores a purposive interpretation of reproductive rights legislation. For practitioners, it signals judicial willingness to balance statutory mandates with individual rights and medical reality. Authorities may need to conduct individualized medical evaluations rather than relying solely on age cut-offs. The ruling may prompt a review of eligibility criteria in light of evolving medical and social norms.
Citations
- Surrogacy (Regulation) Act, 2021
