The Court held that the age limits under the Surrogacy Act are based on biological age, medical fitness, child welfare, and safe reproduction.
Kerala High Court Dismisses Challenge
The Kerala High Court has dismissed a writ petition challenging the age limits for intending couples under the Surrogacy (Regulation) Act, 2021.
Justice M.B. Snehalatha held that the upper age limit under the Act has scientific justification. The Court said it cannot be treated as arbitrary or discriminatory.
Court Says Age Limits Have Rational Basis
The Court observed that the Act fixes age limits based on biological age and medical fitness.
It held that this classification has a direct link with the object of the Act. The law aims to ensure safe pregnancies, healthy childbirth, and the welfare of the surrogate mother and the child.
The Court also noted that Article 14 permits reasonable classification. Such classification must rest on intelligible differentia and must have a rational link with the object of the law.
Petitioners Had Cryopreserved Embryos
The petitioners were a married and childless couple.
They had three viable cryopreserved embryos at a hospital. The husband was 57 years old, while the wife was 44 years old.
According to them, gestational surrogacy was the only medically viable option to have their own children.
However, they could not proceed because the husband had crossed the upper age limit under Section 4(iii)(c)(I) of the Act.
Statutory Age Limit Challenged
Section 4(iii)(c)(I) of the Surrogacy Act fixes the age limit for intending parents.
It requires the female intending parent to be between 23 and 50 years.
For the male intending parent, the prescribed age range is 26 to 55 years.
The petitioners argued that the age cap was unreasonable. They said they had cryopreserved embryos and were medically eligible.
They also claimed that the restriction violated Articles 14 and 21 of the Constitution.
Petitioners Claimed Retrospective Effect
The petitioners also argued that they had started the surrogacy process before the Act came into force on January 25, 2022.
They submitted that their embryo had already been cryopreserved. Therefore, they said the present age cap could not apply to them.
They contended that applying the age limit to pre-existing embryos was unconstitutional.
Centre Defends Age Restriction
The Central Government opposed the petition.
It submitted that authorities fixed the upper age limit after detailed deliberation with domain experts.
The Union said the restriction protects the future welfare of children born through surrogacy. It also takes into account social and health concerns.
According to the Centre, the law aims to avoid situations where a child may face parental age-related difficulties. These may include health complications or lack of adequate care.
Centre Says Surrogacy Is Not A Fundamental Right
The Central Government further argued that there is no fundamental right to surrogacy.
It submitted that surrogacy is a statutory right. Therefore, Parliament can regulate it through reasonable conditions.
The Union also said the cryopreservation took place after the Act came into force. Hence, the petitioners could not claim retrospective application.
Court Relies On Supreme Court Rulings
The High Court examined several Supreme Court decisions.
It also referred to the recent judgment in Vijaya Kumari S. & Another v. Union of India.
After considering the law, the Court held that the classification under the Act satisfies Article 14.
Age Limits Held Reasonable
Justice Snehalatha observed that the restrictions are rooted in medical science, ethical necessity, and social welfare.
The Court held that the age limits meet the tests of reasonableness and proportionality.
It said the restrictions act as a protective framework. They do not infringe constitutional rights.
The Court also observed that regulation of reproductive technology does not deny liberty. Instead, it structures the exercise of that liberty.
Reproductive Choice Not Absolute
The Court acknowledged that reproductive choice and parenthood form part of personal liberty under Article 21.
However, it held that this right is not absolute.
The Court said the State can impose reasonable restrictions through law.
It found that the age limits relate to parental capacity, health, longevity, and child welfare.
Surrogacy Age Limits Upheld
The High Court concluded that the age limits under the Surrogacy (Regulation) Act, 2021 are constitutionally valid.
It held that the framework ensures safe, ethical, and non-exploitative surrogacy.
