Delhi High Court dismisses surrogacy plea of woman over 50 years of age

The Delhi High Court has dismissed a petition by a couple seeking exemption from the prescribed age limit for surrogacy. In an order passed on November 2, the bench of Justice Amit Mahajan clarified that no matter how genuine the sympathy may be, it cannot become a substitute for legal eligibility.

According to a report by Hindustan Times, the couple in this case first approached a clinic on February 6, 2025. At that time, the woman's age was approximately 49 years and seven months. Four days after the first consultation, doctors recommended gestational surrogacy using a donor.

However, in July 2025, while the woman was undergoing infertility treatment, she crossed the prescribed age limit of 50 years. Under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, the maximum age limit for a woman is set at 50 years.

The couple argued in the High Court that while they were taking the necessary steps to initiate the surrogacy process, the woman's age exceeded the prescribed limit. Therefore, they requested to be granted an exemption from this age limit.

The Court acknowledged that aspirations of motherhood are deeply personal and the emotional stress associated with failed fertility treatments is profound. Nevertheless, the Court dismissed the petition as the woman had crossed the age limit before the surrogacy process could commence.

The judge further noted that during the first consultation on February 6, the couple had been informed that the woman was only five months away from reaching the age limit. Despite this, the couple approached the court only after the age limit had passed. The couple could not provide any satisfactory explanation for this delay in seeking judicial intervention. Ultimately, the Court stated that it is necessary to decide the matter in accordance with the governing statutory framework.