The Allahabad High Court ruled that strict enforcement of the Surrogacy Act’s age limit infringes on a woman’s reproductive autonomy. A 17‑year‑married couple has now been cleared to proceed with surrogacy despite the woman being over 50.
Key Takeaways
- The Surrogacy (Regulation) Act, 2021 caps a woman's eligibility at 23‑50 years.
- Rigid application of this ceiling was deemed unconstitutional by the Allahabad High Court.
- The couple may now approach the Lucknow Chief Medical Officer for a formal hearing and proceed with altruistic surrogacy.
A couple from Lucknow, married for 17 years and unable to conceive after multiple IVF cycles, turned to surrogacy as their last hope. Their request collided with the Surrogacy (Regulation) Act, 2021, which bars women older than 50 from opting for the procedure. The matter was escalated to the Allahabad High Court for a definitive interpretation.
Legal Framework and Background
Enacted in 2021, the Surrogacy Act sets age limits of 23‑50 for women and 26‑55 for men, defining an “intending couple” under Section 2(r). While the legislation aims to prevent exploitation, critics argue that a blanket age ceiling can trample on personal liberty guaranteed under Article 21 of the Indian Constitution. The Supreme Court has previously granted relief to couples who froze embryos before the Act’s commencement, creating a legal gray area for similar cases.
High Court Verdict
In a split‑bench judgment dated July 7, Justices Shekhar B Saraf and Abdhesh Kumar Chaudhary held, “Rigid application of the age restriction under the Surrogacy (Regulation) Act, 2021, infringes the fundamental right of reproductive autonomy recognised as a part of personal liberty under Article 21.” The bench cited the Supreme Court’s earlier relief and directed the Lucknow Chief Medical Officer (CMO) to hear the couple’s application and issue a reasoned order.
Implications and Analysis
This ruling does more than just free a single couple; it signals a potential shift in how Indian courts will balance regulatory safeguards with constitutional freedoms. By acknowledging that pre‑Act embryo preservation should exempt couples from the age ceiling, the decision may pave the way for senior women to access assisted reproductive technologies without facing outright bans.
Next Steps
The couple must file a formal application with the Lucknow CMO within three weeks, as mandated by Section 35 of the Surrogacy Act. Upon hearing, the authority is expected to grant them an opportunity to proceed with altruistic surrogacy, subject to a reasoned order that aligns with both Supreme Court precedents and the Act’s provisions.