Madras HC: Surrogacy Rights Cannot Be Denied On Technical Grounds; Women Eligible Throughout 50th Year

The Madras High Court has recently ruled that a woman remains eligible for surrogacy until she turns 51 years of age and held that the phrase ‘between 23 to 50 years’ under the Surrogacy (Regulation) Act, 2021, includes women throughout their 50th year.

The Court also said a Magistrate cannot re-examine the validity of an eligibility certificate issued by the competent authority while deciding parentage and custody orders.

The case involved a couple whose only son died in 2024. The woman had also undergone a hysterectomy and sought to have a child through surrogacy. Although the competent authority issued an eligibility certificate, the Magistrate rejected their application, holding that the woman had crossed the upper age limit and raising objections over the absence of the surrogate mother’s husband in the proceedings.

Setting aside the Magistrate’s order, the High Court held that certificates issued by the Appropriate Authority carry a presumption of validity and cannot be reassessed by the Magistrate unless they are shown to be illegal, fraudulent or without jurisdiction.

The Court said the Magistrate’s role is limited to passing orders relating to the parentage and custody of the child.

The Court further held that the Surrogacy Act does not require the surrogate mother’s husband to be examined or made a party to the proceedings.

It said such proceedings are beneficial, child-centric and intended to protect the welfare of the child, the rights of the intending parents and the autonomy of the surrogate mother.

The Court observed that beneficial legislation should receive a liberal interpretation and not be defeated by technical objections.

Also Read: Ram Mandir Trust Confirms Champat Rai, Anil Mishra’s Resignations Amid Rs 7 Crore Donation Theft Probe

The post Madras HC: Surrogacy Rights Cannot Be Denied On Technical Grounds; Women Eligible Throughout 50th Year appeared first on NewsX.