Delhi High Court dismisses surrogacy plea as woman exceeds age limit

The Delhi High Court has dismissed a surrogacy petition filed by a couple, holding that age eligibility norms under assisted reproduction legislation cannot be circumvented regardless of the circumstances of the case. The woman in the petition was approximately 49 years and seven months old when the couple first approached a fertility clinic for consultation on February 6, 2025, but subsequently crossed the 50-year threshold before the matter reached court.

In its ruling, the court acknowledged the couple's desire to have a child but maintained that legal provisions governing surrogacy arrangements are mandatory rather than discretionary. The judgment underscored that eligibility criteria, including age limits for intending parents, are embedded within the statutory framework to ensure the welfare and interests of children born through assisted reproductive technology.

The court's decision reflects the interpretation of India's Surrogacy (Regulation) Act and related guidelines that establish specific conditions for couples seeking surrogacy arrangements. These provisions set maximum age limits for prospective parents to ensure that individuals undertaking surrogacy are within a certain age bracket, considered standard practice in assisted reproduction protocols globally.

The ruling is likely to have implications for other cases involving couples approaching the age threshold for surrogacy arrangements in India. Legal experts note that while the court recognised the emotional aspect of the petition, it prioritised adherence to statutory safeguards designed to protect the interests of children born through surrogacy.