Delhi HC rejects surrogacy plea after woman crosses 50
What's the story
The Delhi High Court has rejected a couple's plea for exemption from the statutory age limit for surrogacy. The court, headed by Justice Amit Mahajan, observed that "sympathy, however genuine, cannot be a substitute for statutory eligibility." The couple had approached a clinic in February 2025 when the woman was around 49 years and seven months old.
Case details
Couple seeks exemption after woman crosses age limit
The couple was advised gestational surrogacy with a donor four days after their first consultation.
However, during infertility treatment in July 2025, the woman crossed the upper age limit of 50 years as prescribed under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021.
They then approached the high court seeking exemption from this age restriction.
Verdict details
Court says no to plea
The court said it understood the personal nature of their dreams and the trauma of failed treatment but dismissed their petition.
It noted that the woman had crossed the age limit before starting surrogacy.
The judge also pointed out that during their first consultation, they were informed she was only five months away from reaching this limit but approached court after crossing it without satisfactory explanation for the delay.
Bombay
Bombay High Court allowed 54-year-old woman to pursue surrogacy
In a similar case, the Bombay High Court last week allowed a woman, 54, to pursue surrogacy, ruling that a couple cannot be denied surrogacy solely because the wife exceeds the age limit, provided her husband remains within the permissible age bracket.
The bench observed that the eligibility criteria must be interpreted positively by considering the intending couple as a "composite unit," and they "should not be put in a disadvantageous position" because one spouse has crossed the age limit.