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NITIN JAMDAR, S. MANU
Rajitha P. V. W/o. Santhosh M. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Nitin Jamdar, C.J.
Surrogacy is where one woman bears and gives birth to a child with the intention of handing over such child to the intending couple after the birth. One of the conditions under the Surrogacy (Regulation) Act, 2021 is that a female in the married couple intending surrogacy is between the age of 23 to 50 years on the day of certification. The question in this Appeal is whether she is entitled to avail of surrogacy till the beginning of the 50 th year or at the end of 50 years. In other words, the number 50 is included in this age range, and whether the eligibility continues till she becomes 51.
2. The Appellants – Petitioners were married as per Hindu customary rites and ceremonies on 2 March 2008. Petitioner No.2, the husband of Petitioner No.1, was born on 21 November 1972. The date of birth of Petitioner No.1, in her school admission records, is 21 June 1974. Her date of birth in the Indian Passport and the Driving Licence issued by the Government of Kerala is 21 June 1978.
3. Petitioner No.1 is suffering from endometriosis. She is unable to conceive pregnancy naturally and has undergone multiple cycles of treatment involving Assisted Reproductive Techn
The eligibility for surrogacy under the Surrogacy (Regulation) Act, 2021 includes the entire 50th year, ceasing the day before the intending woman turns 51.
The court ruled that the age limit for surrogacy eligibility is strict, and a female becomes ineligible upon reaching 50 years, rejecting interpretations extending eligibility beyond this age.
Eligibility for surrogacy services is strictly determined by age limits as stipulated in legislation, ceasing upon reaching the specified age.
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Section 4 deals with regulation of surrogacy and surrogacy procedures.
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
Legislative imposition of age eligibility for surrogacy does not infringe fundamental rights, as it serves legitimate interests regarding health and welfare of children born from surrogacy.
Age restrictions under Surrogacy Act, 2021 not applicable retrospectively to pre-Act cryopreserved embryos.
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