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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. Snehalatha, J
John Mathew – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioners seek surrogacy approval using pre-act embryos despite age. (Para 2) |
| 2. parties heard; hospital confirms pre-act cryopreservation. (Para 3 , 4) |
| 3. act defines surrogacy, eligibility, and age limits for couples. (Para 5 , 6 , 7 , 8 , 9 , 10) |
JUDGMENT
Petitioners who are husband and wife have approached this Court seeking the following reliefs:
“i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 to 4 to issue Eligibility Certificate to the petitioners under Section 4(iii)(c) of the Surrogacy (Regulation) Act, 2021, enabling them to proceed with gestational surrogacy using the embryos created and cryopreserved in the year 2021;
ii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the 5th respondent to permit the petitioners to proceed with gestational surrogacy using the embryos created and cryopreserved in the year 2021;
iii) Declare that the 2nd petitioner, having completed 50 years but not yet attained 51 years, is eligible to avail surrogacy in view of the law laid down in Rajitha P.V v Union of India (WA No.412 of 2025);
iii) Declare that the age restriction underSectio
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