The Bombay High Court is hearing a petition by a 54-year-old woman from Nashik after her application for a surrogacy eligibility certificate is rejected for crossing a 50-year age limit. The court asks authorities to file their replies, and the case is listed for further consideration.
The petition is challenged on legal grounds, with the petitioner arguing that the age restriction prevents her from pursuing motherhood despite prior attempts at IVF. According to the plea, the proposed surrogacy would not use the petitioner’s own eggs; it would involve her husband’s sperm and donor eggs, after unsuccessful IVF and embryo transfer attempts.
Outlets also note that the court is considering the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021. The bench, led by Justice Bharati Dangre, directs the Union Ministry of Health and Family Welfare, Maharashtra public health authorities, relevant boards, and the appropriate authority under the Surrogacy Act to submit affidavits by a specified deadline. The petition challenges the constitutional validity and interpretation of a specific age-related provision and cites constitutional articles including equality and right to life.
