Surrogacy now allowed for those above 50 years of age

Landmark Judgment on Surrogacy Rights

In a significant ruling, the Kerala High Court has allowed a 50-year-old woman to undergo surrogacy, overturning a previous decision that denied her request. This decision is a crucial interpretation of the Surrogacy (Regulation) Act, 2021, and highlights the judiciary’s role in ensuring fair access to reproductive rights.

Background of the Case

According to Dr. Samit Sekhar from Kiran Infertility centre who runs well established IVF and Surrogacy clinics in Hyderabad, Bengaluru, Chennai and Delhi, the petitioner and her husband had applied for surrogacy but were denied permission by the Kerala State Assisted Reproductive Technology and Surrogacy Board (KSARTSB). The board cited age restrictions under the Surrogacy Act, which permits surrogacy for women aged “between 23 to 50 years.” Initially, a single bench of the Kerala High Court upheld this decision, interpreting the age limit in a restrictive manner.

The Key Legal Debate

The primary contention was whether the phrase “between 23 to 50 years” includes women who are exactly 50 years old. The single bench ruled that a person reaches an age on the day before their birthday, effectively disqualifying the petitioner. However, the division bench reviewed various legal definitions of age limits and ruled that 50 years should be considered inclusive.

Distinction Between Surrogacy and ART Laws

The court also examined differences between the Assisted Reproductive Technology (ART) Act, 2021, and the Surrogacy Act. While the ART Act specifies an age range of “above 21 years and below 50 years” for ART procedures, the Surrogacy Act does not impose the same restrictions. The court emphasized that surrogacy laws should be interpreted with compassion, considering the emotional significance of parenthood.

A Precedent-Setting Verdict

This ruling sets a strong legal precedent for future surrogacy cases, ensuring that deserving individuals are not denied reproductive rights due to technicalities. It reinforces the importance of judicial intervention in adapting legal frameworks to evolving societal needs while maintaining ethical standards in reproductive technologies.

Conclusion

Experts at Kiran Infertility Center see this ruling as a progressive step toward inclusive reproductive rights, ensuring that legal barriers do not deny hopeful parents their chance at surrogacy. This decision paves the way for fairer interpretations of surrogacy laws in India.