Delhi High Court has given a big blow to a couple who wanted to become parents through surrogacy. The court refused to give relaxation in the maximum age limit prescribed for surrogacy case. The court clearly said that no matter how genuine sympathy may be, it cannot take the place of legal competency. Actually, a couple had approached the Delhi High Court to get permission for surrogacy. But the woman was more than 50 years old. In such a situation, the couple had demanded relaxation in the age limit prescribed in the law.
What is the age limit for surrogacy?
According to the rules related to surrogacy in the country, the age of the woman in the interested couple should be between 23 to 50 years and the age of the man should be between 26 to 55 years. It is important to adhere to these age limits prescribed under the Surrogacy (Regulation) Act, 2021. In this case, since the woman was above 50 years of age, she was out of the scope of prescribed legal eligibility.
Information about age limit was received five months ago
During the hearing, the judge also noted that when the couple first consulted on February 6, they were told that only five months were left for the woman to reach the prescribed age limit of 50 years. Despite this, the couple did not approach the court in time. By the time he filed the petition in the court, the woman's age had crossed the prescribed limit of 50 years. The court also found that the couple could not give any satisfactory reason for the delay on their part.
The couple had reached the clinic 5 months before the age limit was reached.
According to the case, the couple had reached a clinic for the first time on February 6, 2025, for consultation. At that time the woman was about 49 years and seven months old. After various tests that lasted for four days, the clinic advised to undergo 'gestational surrogacy' with the help of a donor. However, at the time of undergoing infertility treatment in July 2025, the woman's age had crossed the maximum limit of 50 years prescribed for surrogacy. This age limit is prescribed under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021.
Couple filed petition seeking relaxation in age limit
The couple moved the Delhi High Court after the woman's age exceeded the prescribed limit. He demanded special relaxation in the age limit for surrogacy. It was argued on behalf of the couple that by the time the woman's age exceeded the prescribed limit, they had already taken the necessary steps to start the surrogacy process. Therefore they should be given relief in this matter.
Information about age limit was received five months ago
During the hearing, the judge also noted that when they first consulted the clinic on February 6, the couple was told that only five months were left for the woman to reach the upper limit of 50 years of age. Despite this, the couple approached the court when the woman's age had crossed the prescribed limit. They could not even give any satisfactory reason for the delay on their part.
The court admitted that he was too old even before the process started.
During the hearing, the court took note of the couple's desire to become parents and the mental anguish they suffered due to failure in infertility treatment. However, the court found that even before the actual process of surrogacy began, the woman's age had already exceeded the prescribed maximum limit. The court also noted that the couple was told when they first consulted the clinic on February 6, 2025, that only five months were left for the woman to reach the age limit of 50 years. Despite this, he approached the court when the woman's age had crossed the prescribed limit. The couple could not even give any satisfactory reason for the delay from their side.
Court order issued on 2 November
In its order issued on November 2, a bench of Justice Amit Mahajan said, “The court will have to decide this case in accordance with the existing legal framework. Sympathy, no matter how genuine, cannot become a substitute for legal entitlement.” Despite considering the emotional circumstances of the couple, the court gave priority to legal provisions and rejected the demand for relaxation in the age limit.
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