Kerala High Court Allowed 50 year old Woman to Pursue Surrogacy

The Kerala High Court has allowed a  50 year old woman to pursue surrogacy under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021.

The Division Bench overturned a previous decision by a single bench and held the eligibility extends throughout the 50th year and ends the day she turns 51.

The court emphasized that denying surrogacy would lead to a permanent loss of motherhood, which is a fundamental aspect of life, and such deprivation requires higher scrutiny.

The court also emphasized that the Surrogacy Act's purpose is to prevent unethical practices, such as sex selection and forced surrogacy, rather than deny legitimate cases.