Age Bar Cannot Defeat Ongoing ART Process, Says Calcutta High Court

The Calcutta High Court directed authorities to grant a surrogacy eligibility certificate to a couple who crossed the prescribed age limit after initiating the assisted reproductive process.

The Court noted that the couple had applied within the permissible age and had already undergone significant medical steps, including embryo creation.

It held that they should not be penalised for delays beyond their control, including procedural and pandemic-related setbacks.

Emphasising a purposive interpretation of the Surrogacy (Regulation) Act, the Court ruled that strict application of age criteria in such cases would defeat the couple’s reproductive rights and the intent of the law.

[Sangita Raha & Anr. v. State of West Bengal & Ors.]