Kerala High Court cites frozen embryo, lets couple continue surrogacy till man turns 56

A Kerala High Court ruling allows a 55-year-old man to continue a surrogacy procedure with his wife until he reaches the age of 56, as the embryo has already been cryopreserved. The court reasoned that an overly restrictive interpretation of the Surrogacy Act could permanently deny the couple the chance to have a child through this method.

The ruling, delivered on August 21, echoed an earlier division bench decision that clarified the upper age limit of 50 for an intending woman under the Act includes the entire 50th year, ceasing the day before the 51st birthday. The Kerala High Court applied the same principle to the husband, allowing him to continue the surrogacy services until the age of 56.

The case was brought by a Kollam couple who sought surrogacy under the Surrogacy Regulation Act, 2021, but faced the procedure being halted as the husband turned 55 due to Section 4(iii)(c) of the Act.