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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Renuga Anandkumar – Appellant
Versus
Union of India, rep. By its Secretary Ministry of Health & Family Welfare Department – Respondent
| Table of Content |
|---|
| 1. petitioner's surrogacy process was initiated prior to new age restrictions. (Para 2 , 3 , 4) |
| 2. supreme court ruled that retrospective application of age limits violates constitutional rights. (Para 5 , 6 , 8) |
| 3. right to initiate surrogacy is preserved despite amendments to the law. (Para 11 , 12 , 16) |
ORDER :
M.DHANDAPANI, J.
1. The petitioner has come before this Court seeking a direction to the respondents to issue a “Certificate of Essentiality” u/s 4 of the surrogacy (Regulation) Act, 2021 (for short ‘the Act’) to permit the petitioner to complete the process of surrogacy without applying the age restrictions, which, as per the judgment of the Apex Court in Vijayakumari & Anr. – Vs – Union of India (2025 INSC 1209) cannot be applied retrospectively, as otherwise it would be violative of the fundamental rights of the petitioner guaranteed under Articles 14 and 21 of the Constitution of India.
2. It is the case of the petitioner that she was married to one Late V.Anandkumar on 15.7.2002 and inspite of a long, affectionate and happy marital relationship, she was not able to conceive naturally. It is the further case of the petitioner that between 2004 and 2020, she
Age restrictions in surrogacy laws cannot be applied retrospectively to couples who initiated processes prior to enactment, preserving their reproductive rights under constitutional protections.
Upper age limits in Surrogacy Act are constitutionally valid, reasonable restrictions protecting child welfare and health.
Eligibility for surrogacy services is strictly determined by age limits as stipulated in legislation, ceasing upon reaching the specified age.
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.
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.
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.
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