Woman Cannot Be Denied Surrogacy Solely On Grounds Of Being 54 Years Old, Rules High Court
Mumbai: In a significant ruling upholding reproductive rights, the Bombay High Court has directed the Nashik Municipal Corporation (NMC) to issue an eligibility certificate to a middle-aged couple in their 50s for a surrogacy procedure. A bench headed by Justice Bharati Dangre quashed a July 14 order by the appropriate authority of the NMC that had rejected the couple's application. The civic…
Mumbai's Bombay High Court has ruled that age should not be the sole reason for denying surrogacy to a couple in their 50s. A bench led by Justice Bharati Dangre overturned Nashik Municipal Corporation's decision to reject the application, which cited the wife's age of 54 as exceeding the 50-year limit set under the Surrogacy (Regulation) Act, 2021.
The court emphasized that the right to motherhood is among the most significant women's rights. The couple, unable to conceive naturally after years of unsuccessful attempts, challenged the age restrictions, arguing that they violated their fundamental right to personal liberty and reproductive autonomy under the Constitution. The Union of India argued that age limits protect the long-term well-being of the child.
The High Court found that the law should be interpreted purposively, as courts have ruled on age restrictions on an individual basis rather than applying an absolute block to a couple. The court directed the Nashik District Medical Board to issue the necessary medical clearance if the couple met all other requirements.
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