Kerala High Court Allows 50-Year-Old Woman to Pursue Surrogacy Rights

In an important decision, the Kerala High Court has allowed a 50-year-old woman to become a mother through surrogacy. This ruling is under a law called the Surrogacy (Regulation) Act, 2021. A panel of judges overturned a previous decision that had stopped the woman from using a surrogate because of her age. They pointed out that the law actually allows surrogacy for women between 23 and 50 years old, which includes women who have just turned 50.

The woman and her husband had argued against a decision made by the Kerala State Assisted Reproductive Technology and Surrogacy Board (KSARTSB), which said she couldn’t use surrogacy because of her age. The board’s decision was first supported by a single judge, but the higher court changed this ruling and ordered the board to give the woman an approval certificate within a week.

The big question was whether a woman who has already turned 50 could still qualify for surrogacy. The woman’s birthdate is June 24, 1974, confirming she is 50. The initial ruling had said she was not eligible, based on the idea that a person is considered to reach a specific age the day before their birthday.

However, the division bench looked at how different laws define age. They noted that another law, the Assisted Reproductive Technology (ART) Act, says women must be over 21 but under 50 for certain procedures. The judges discussed that surrogacy is much more about emotional connections than medical risks.

The court emphasized that the Surrogacy Act is meant to stop bad practices, like forcing women to be surrogates or choosing the sex of babies, not to block women who genuinely want to become mothers. They recognized that this might be the woman’s last chance to experience motherhood, which is important for many people. The judges concluded that the law should make it possible for mothers to have children, rather than keep them from having that chance.