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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B.SNEHALATHA
Sajithanand S. @ Sajitha Manoharan, W/o. Lekshmanan Manoharan – Appellant
Versus
Union of India, Ministry of Health And Family Welfare – Respondent
| Table of Content |
|---|
| 1. couple ineligible due to post-act embryo cryopreservation. (Para 2 , 7 , 9 , 25) |
| 2. statutory right with age limits justified by experts. (Para 4 , 10 , 11) |
| 3. challenge to age restrictions' constitutionality. (Para 6 , 8 , 16 , 17) |
| 4. reproductive rights not absolute; no retrospectivity. (Para 12 , 13 , 14 , 15) |
| 5. age classification reasonable, proportionate for welfare. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26) |
| 6. petition dismissed upholding age limits. (Para 27) |
JUDGMENT :
M.B.SNEHALATHA, J.
In this writ petition filed under Article 226 of the Constitution of India, petitioners challenge the constitutional validity of the upper age limit imposed on the intending couple under the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as Act).
2. Petitioners are husband and wife. 1st petitioner wife is aged 44 and 2nd petitioner husband is aged 57 years. Though married in the year 2006, they have no children. Petitioners have undergone treatments for infertility and undergone various tests and surgeries at various hospitals. The documents relating to the treatment are produced as Exts.P3 to Ext.P8. Petitioners have currently 3 viable cryopreserved embryos at 5th
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Age restrictions under Surrogacy Act, 2021 not applicable retrospectively to pre-Act cryopreserved embryos.
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.
Section 4 deals with regulation of surrogacy and surrogacy procedures.
The eligibility for surrogacy under the Surrogacy (Regulation) Act, 2021 includes the entire 50th year, ceasing the day before the intending woman turns 51.
Eligibility for surrogacy services is strictly determined by age limits as stipulated in legislation, ceasing upon reaching the specified age.
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