Kerala High Court Upholds Validity of Age Limits Prescribed Under Surrogacy Law

The Kerala High Court upheld the constitutional validity of the age restrictions prescribed under the Surrogacy (Regulation) Act, 2021, observing that they are scientifically justified and not arbitrary or discriminatory.

The petition was filed by a childless couple who challenged the upper age limit after being denied surrogacy due to the husband crossing the prescribed age threshold.

Justice M.B. Snehalatha held that the restrictions are based on medical science, child welfare, ethical considerations, and public interest.

The Court also clarified that while reproductive choice forms part of Article 21, such rights are subject to reasonable statutory restrictions.