BEFORE

HON’BLE THE CHIEF JUSTICE ASHUTOSH KUMAR

HON’BLE MR JUSTICE ARUN DEV CHOUDHURY

For the Petitioners : Mr. A. Ahmed, learned Adv.

For the Respondents : Ms. A. Gayan, learned CGC.

Ms. R. B. Bora, learned GA.

Date on which judgment is reserved : 12.12.2025

Date of pronouncement of judgment : 18.12.2025

Whether the pronouncement is of the operative part of the judgment : No

Whether the full judgment has been pronounced : Yes

JUDGMENT & ORDER (CAV)

Date:18-12-2025

(Arun Dev Choudhury, J)

1. Heard Mr. A. Ahmed, learned counsel for the petitioners and Ms. A. Gayan, learned Central Government Counsel, as well as Ms. R. B. Bora, learned Government Advocate, Assam, for the respondents.

2. The challenge is directed both against the applicability of the age eligibility prescribed under Section 4 (iii) of the SURROGACY (REGULATION) ACT, 2021 (hereinafter referred to as the Act, 2021) and the amendment dated 14-3-2023 to Form No. 2 under Rule 7 of the of the Surrogacy (Regulation) Rules, 2022, which regulates the use of donor gametes.

3. The facts which are necessary for proper adjudication of the present case in nutshell are that the petitioners, a married couple faced with infertility issues went for e