Court Lifts Surrogacy Age Limit for Infertile Couple

The Allahabad High Court's Lucknow bench has permitted a couple, married for over 17 years and unable to conceive naturally or through IVF, to proceed with surrogacy. The court found that strictly enforcing the Surrogacy (Regulation) Act's age limit of 50 for women infringes upon their fundamental right to reproductive autonomy.

This landmark decision came after the couple petitioned the court because they exceeded the age limit set by the 2021 Act. They had preserved three embryos on July 18, 2015, before the Act came into force on January 25, 2022, but were prevented from pursuing surrogacy due to the age restriction.

The court noted that the Supreme Court has previously offered relief to couples who initiated fertility treatments and preserved embryos before the Surrogacy Act was enacted. Consequently, the bench has directed the Chief Medical Officer of Lucknow to review the couple's application and issue a justified order.

The couple's legal representatives highlighted their inability to conceive and the failure of IVF treatments, with doctors advising surrogacy due to their medical condition. The court concluded that since the surrogacy procedure was initiated prior to the Act's enforcement, the age restriction under Section 4(iii)(v)(c)(I) of the Act does not apply to them. They are now permitted to file a formal application with the appropriate authority.