In a landmark ruling, the Kerala High Court has allowed a 50-year-old woman to pursue surrogacy under the Surrogacy (Regulation) Act, 2021, reported TOI.
A division bench, consisting of Chief Justice Nitin Jamdar and Justice S Manu, overturned a previous decision by a single bench and granted the woman the opportunity to become a mother through surrogacy, said the report. The court highlighted that the Act permits surrogacy for women aged “between 23 to 50 years,” which includes women who are exactly 50 years old.
The woman had initially been denied surrogacy by the Kerala State Assisted Reproductive Technology and Surrogacy Board (KSARTSB), which cited the Act’s age requirement. The board’s decision was challenged by the woman and her husband in the High Court.
