Case Note & Summary
The dispute arose from a writ petition filed by a married couple, X-1 and X-2, challenging the rejection of their application for an Eligibility Certificate under the Surrogacy (Regulation) Act, 2021. The petitioners, aged 54 and 53 respectively, sought surrogacy after unsuccessful attempts at natural conception and assisted reproductive technology. Their application was denied on the grounds that X-1 exceeded the age limit of 50 years stipulated in the Act. The petitioners argued that this age restriction violated their constitutional rights under Articles 14 and 21, and sought a judicial review of the decision. They contended that the law should allow for exceptions in medically justified cases. The Union of India defended the age limit as a necessary measure for the welfare of the child and cited expert opinions supporting the restriction. The court requested assistance from an Amicus Curiae to explore the implications of the age limit and its compatibility with constitutional rights. The court ultimately recognized the need for a balanced interpretation of the law that considers both the rights of intending parents and the welfare of the child. The decision emphasized that the age limit should not serve as an absolute barrier to surrogacy in cases where medical evidence supports the couple's eligibility. The court directed that the petitioners' case be reconsidered in light of these principles.
Headnote
A) Constitutional Law - Right to Reproductive Autonomy - Interpretation of Surrogacy Act - Surrogacy (Regulation) Act, 2021, Section 4(iii)(c)(I) - The court examined whether the age limit for surrogacy eligibility is rigid or allows for exceptions based on medical necessity. It held that a purposive interpretation is necessary to align the statute with constitutional guarantees under Articles 14 and 21, allowing for consideration of exceptional cases (Paras 1-16).
Issue of Consideration
Whether the age limit prescribed under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 is absolute and inflexible, and whether it violates the constitutional rights of the petitioners.
Final Decision
The court directed that the petitioners' case be reconsidered in light of a purposive interpretation of the Surrogacy Act, allowing for exceptions based on medical necessity.
Law Points
- Surrogacy
- Eligibility Certificate
- Age Limit
- Judicial Review
- Constitutional Rights
