Madras High Court Rules Women Eligible For Surrogacy Till 51

The Madras High Court has delivered a significant judgment on surrogacy, ruling that a woman seeking to have a child through surrogacy remains eligible after completing 50 years of age until she attains 51 years.

Justice Shamim Ahmed held that a woman should continue to fall within the statutory 50-year age bracket until her 51st birthday, ensuring a beneficial interpretation of the law.

The Court remitted the matter to the Magistrate and directed disposal within four weeks. It clarified that eligibility certificates issued under the Surrogacy (Regulation) Act, 2021, cannot be reconsidered on their merits once validly granted.

The Magistrate’s authority remains confined to passing orders relating to guardianship and child custody.

The Court observed that Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 prescribes an age limit of 23 to 50 years. It said the provision aims to facilitate women’s reproductive rights rather than restrict them.

Authorities must interpret the provision liberally and in a welfare-oriented manner.

The case involved Nandhini Devi and her husband, whose only son died from a heart attack in 2024. They decided to pursue surrogacy with assistance from a relative and secured an eligibility certificate from the competent authority.

A Namakkal Magistrate rejected their application. The Magistrate cited Nandhini Devi’s age of over 50 years and nine months and the absence of the surrogate mother’s husband’s statement.

The High Court quashed the order. It ruled that Magistrates cannot question a valid eligibility certificate unless the authorities obtained it through fraud, illegality or without jurisdiction.

The Court also clarified that making the surrogate mother’s husband a party or recording his statement is not mandatory under the Act. It instructed Magistrates to avoid an excessively technical approach and issued guidelines requiring verification of identities, consent, affidavits against commercial surrogacy and commitments preventing child abandonment.