For Prelims: Surrogacy (Regulation) Act, 2021, Article 21, Altruistic Surrogacy, In Vitro Fertilisation (IVF), Court, Bench, Act, Section cited
For Mains: Progressive interpretation, Reproductive autonomy, Article 21, Surrogacy (Regulation) Act 2021, Couple as a unit
Source:
Hindustan
5 facts for one-day exams
SSC, railway, police and teaching exams ask direct questions like these.
- The Bombay High Court ruled that a wife's age above 50 alone cannot deny a couple surrogacy.
- The case involved a 54-year-old woman and her 53-year-old husband from Nashik.
- The court cited Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021.
- The bench consisted of Justice Bharati Dangre and Justice Ashish Chavan.
- The court held that reproductive choices are part of personal dignity under Article 21.
Why in the news?
The Bombay High Court ruled that a married couple cannot be denied surrogacy solely because the wife is over 50, as long as the husband is within the age limit. The court struck down a municipal corporation's rejection of a 54-year-old woman and her 53-year-old husband's application under the Surrogacy (Regulation) Act, 2021, and directed issuance of an eligibility certificate.
Summary
- The Bombay High Court held that a wife's age above 50 cannot be the sole ground to deny a couple surrogacy if the husband is within the prescribed age limit of 26-55 years under the Surrogacy (Regulation) Act, 2021.
- The court quashed the Nashik Municipal Corporation's order rejecting the application of a 54-year-old woman and her 53-year-old husband for an eligibility certificate.
- The court observed that reproductive choices are part of personal dignity under Article 21 of the Constitution and must be interpreted progressively considering international norms and social changes.
Highlights
Bombay HC's Progressive Interpretation
The court ruled that a couple's age should be considered as a unit; one spouse's age above the limit cannot bar the other from surrogacy.
Section 4(3)(c)(i) Under Scrutiny
The Nashik Municipal Corporation had rejected the application citing this section, which sets a 23-50 age limit for the wife and 26-55 for the husband.
Article 21 and Reproductive Rights
The court affirmed that reproductive choices are part of personal dignity under Article 21, requiring progressive interpretation of laws.
Background
The Surrogacy (Regulation) Act, 2021 was enacted to regulate surrogacy in India; it prohibits commercial surrogacy and allows only altruistic surrogacy for eligible couples, and provides for the establishment of Surrogacy Boards at the national and state levels. The Assisted Reproductive Technology (Regulation) Act, 2021 separately regulates assisted reproductive technologies and provides for regulatory boards for ART. Section 4(3)(c)(i) of the Surrogacy (Regulation) Act prescribes age limits: the intending wife must be between 23 and 50 years, and the intending husband between 26 and 55 years. A 54-year-old woman and her 53-year-old husband from Nashik, who had undergone multiple IVF cycles, were denied an eligibility certificate by the Nashik Municipal Corporation citing the wife's age.
Key Analysis and Impact
The Bombay High Court's ruling introduces a significant interpretive shift: it treats the couple as a single unit for age eligibility, not as two individuals. This means that if one spouse is within the age limit, the couple cannot be rejected solely because the other is above it. The court emphasized that reproductive rights under Article 21 must be interpreted progressively, considering international norms and evolving social circumstances. This judgment could set a precedent for other high courts and potentially influence future amendments to the Act. The central government had defended the age limit citing a committee report on parental capacity at older ages.
Way Forward
The court directed the Nashik Municipal Corporation to issue the eligibility certificate and ordered the district medical board to examine the couple. The ruling applies specifically to this case but may be cited in similar matters across India. The central government may consider amending the Act to clarify the age eligibility criteria for couples, or the matter could reach the Supreme Court for a definitive interpretation. The judgment also highlights the need for a more flexible and rights-based approach in regulating assisted reproductive technologies.
Background GK
Textbook concepts you need to understand this news
- Surrogacy (Regulation) Act, 2021
- An Act of Parliament to regulate surrogacy in India, prohibit commercial surrogacy, and allow altruistic surrogacy for eligible couples. It provides for the constitution of Surrogacy Boards at national and state levels.
- Article 21
- Article 21 of the Constitution of India states: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.' The Supreme Court has expansively interpreted it to include the right to privacy, dignity, and reproductive autonomy.
- Altruistic Surrogacy
- A form of surrogacy where the surrogate mother receives no financial compensation beyond medical expenses and insurance coverage, as opposed to commercial surrogacy where payment is made.
- In Vitro Fertilisation (IVF)
- A medical procedure where an egg is fertilized by sperm outside the body in a laboratory dish, and the resulting embryo is then transferred to a uterus.
Facts to remember
Tap a card to see the answer. Try to recall it first.
How exams will ask this
- Data: Age limit for wife under Section 4(3)(c)(i) of Surrogacy Act: 23-50 years; husband: 26-55 years.
- Nodal Body: Ministry of Health and Family Welfare (for the Surrogacy Act).
- Legal Point: Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021 and Article 21 of the Constitution.
Don't make this mistake!
The trap will be to ask whether the Bombay HC completely struck down the age limit. The correct answer is that it ruled the wife's age alone cannot be the sole ground; the couple must be considered as a unit. Another trap: confusing the Surrogacy Act, 2021 with the Assisted Reproductive Technology (ART) Act, 2021.
Write these in mains answers
- Progressive interpretation, Reproductive autonomy, Article 21, Surrogacy (Regulation) Act 2021, Couple as a unit
Stuck? Get it in one tap
The Surrogacy (Regulation) Act, 2021 sets age limits for couples seeking surrogacy: the wife must be 23-50 and the husband 26-55 years old. A 54-year-old woman and her 53-year-old husband were denied an eligibility certificate because the wife was over 50. The Bombay High Court said that the couple must be treated as one unit, so the wife's age alone cannot stop them if the husband is within the limit. The court ordered the municipal corporation to issue the certificate.
- The Bombay High Court ruled that a wife's age above 50 alone cannot deny a couple surrogacy.
- The case involved a 54-year-old woman and her 53-year-old husband from Nashik.
- The court cited Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021.
- The bench consisted of Justice Bharati Dangre and Justice Ashish Chavan.
- The court held that reproductive choices are part of personal dignity under Article 21.
- Polity: Judicial Review and Fundamental Rights (Article 21)
- Society: Social Legislation and Women's Issues
Related concepts: Surrogacy (Regulation) Act, 2021, Article 21, Altruistic Surrogacy, In Vitro Fertilisation (IVF)
Practice questions
Pick an answer, then read the explanation.
- Q1Easy
Which Act of Parliament regulates surrogacy in India and was cited in the Bombay High Court's recent judgment?
Explanation: The Bombay High Court's judgment dealt with the Surrogacy (Regulation) Act, 2021, specifically Section 4(3)(c)(i). The ART Act is a separate law regulating assisted reproductive technologies. The MTP Act and PCPNDT Act deal with different aspects of reproductive health.
- Q2Hard
Consider the following statements regarding the Bombay High Court's ruling on surrogacy age limits:
- 1.The court ruled that a couple cannot be denied surrogacy solely because the wife is above 50, if the husband is within the age limit.
- 2.The court struck down Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021 as unconstitutional.
- 3.The court held that reproductive choices are part of personal dignity under Article 21 of the Constitution.
Which of the statements given above is/are correct?
Explanation: Statement 1 is correct: the court ruled that the wife's age above 50 alone cannot deny surrogacy. Statement 2 is incorrect: the court did not strike down the section; it interpreted it progressively. Statement 3 is correct: the court explicitly linked reproductive choices to Article 21.
- Q3Medium
Under Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021, what is the prescribed age range for the intending wife?
Explanation: Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021 specifies that the intending wife must be between 23 and 50 years of age. The husband must be between 26 and 55 years. The other options are incorrect age ranges.
- Q4Medium
What is the primary legal principle established by the Bombay High Court in its ruling on surrogacy age limits?
Explanation: The court established that the couple is a joint unit; one spouse's age disqualification cannot alone bar the other. This is a progressive interpretation, not a relaxation of the absolute limit or a declaration of unconstitutionality.
Frequently asked questions
1. What did the Bombay High Court rule about surrogacy age limits?
The Bombay High Court ruled that a married couple cannot be denied surrogacy solely because the wife is above 50 years of age, provided the husband is within the prescribed age limit of 26 to 55 years under the Surrogacy (Regulation) Act, 2021.
2. Which section of the Surrogacy Act was cited to deny the couple?
The Nashik Municipal Corporation cited Section 4(3)(c)(i) of the Surrogacy (Regulation) Act, 2021, which sets the age limit for the intending wife at 23 to 50 years and for the intending husband at 26 to 55 years.
3. Which constitutional article did the Bombay HC invoke in this judgment?
The Bombay High Court invoked Article 21 of the Constitution of India, which protects the right to life and personal liberty, and held that reproductive choices are part of personal dignity.
4. What order did the Bombay HC give to the Nashik Municipal Corporation?
The court directed the Nashik Municipal Corporation to issue the eligibility certificate for surrogacy to the couple and ordered the district medical board to examine them.
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- Original6 November 2026 · Read story
