Women Eligible Surrogacy Age at 23 until the preceding day of women's 50th Birthday & not 51

The Kerala High Court has ruled that a woman is ineligible to obtain an eligibility certificate for surrogacy upon attaining the age of 50 years.

Referring to Section 4 (C) (i) of the Surrogacy (Regulation) Act 2021 , Justice CS Dias stated that a female would be eligible to obtain an eligibility certificate for surrogacy when she attains the age of 23 and becomes ineligible on the preceding day of her 50th birthday. 

The petitioners were orally informed that they were ineligible for surrogacy since the wife had crossed the age limit.

The HC dismissed the writ petition observing that the Board had rightly concluded that the wife was ineligible since she had attained the age of 50 years.