Right to Parenthood: Allahabad High Court Relaxes Surrogacy Age Limit for Couple

The Allahabad High Court has affirmed the right to 'reproductive autonomy' for a couple seeking parenthood, holding that the age restrictions under the Surrogacy (Regulation) Act, 2021 cannot be rigidly applied to deny them the benefit of surrogacy. The decision came in response to a plea from a couple who had preserved three embryos over a decade ago but were barred by the statutory age limit, as the wife was over 50 years old.

Justices Shekhar B Saraf and Abhdesh Kumar Chaudhary, in their July 7 order, observed that the rigid application of age restrictions infringes the fundamental right to reproductive autonomy, which is recognised as a part of personal liberty under Article 21 of the Constitution of India. The court noted that the couple had taken steps to preserve embryos before the enactment of the current surrogacy law, and their case warranted a compassionate approach.

The judgment emphasises that while the state has a legitimate interest in regulating surrogacy, such regulation must be proportionate and not unduly restrict the constitutional rights of individuals. The court directed the authorities to process the couple's application for surrogacy, considering their specific circumstances.

This ruling is significant as it highlights the balance between statutory regulations and fundamental rights in the context of assisted reproductive technologies. Legal experts say the decision could have implications for other couples facing similar age barriers, though it remains case-specific until broader precedents are set.

The couple had approached the court after their application for surrogacy was rejected on grounds that the wife's age exceeded the statutory limit set by the Surrogacy (Regulation) Act, 2021. The Act prescribes an age limit of 25 to 50 years for the intending mother, and the couple wife was above 50. However, the court found that in their case, the rigid application defeated the very purpose of reproductive autonomy.

The Allahabad High Court's order upholds the constitutional importance of personal liberty and reproductive rights, ensuring that regulatory frameworks do not become barriers to individual aspirations of parenthood.