Court Allows Petitioners to Proceed with Assisted Reproductive Technology Despite Crossing Prescribed Age Limits
In a landmark judgment, the Calcutta High Court's Circuit Bench at Jalpaiguri has allowed a couple to proceed with surrogacy despite one petitioner surpassing the age limit set by the Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021. The case, titled "Sangita Raha v. State of West Bengal," was adjudicated by Justice Raja Basu Chowdhury on April 16, 2026.
The petitioners, Sangita Raha and her husband, had initially applied for a Certificate of Medical Indication for surrogacy while meeting the age requirements. However, delays in the process resulted in them crossing the prescribed age limit. The court noted that the couple had already undergone significant medical procedures, including the cryopreservation of embryos, which were reported to be in good condition and ready for transfer to a surrogate mother.
Justice Chowdhury referenced previous judgments, including those in "Shyamoli Saha v. State of West Bengal" and "Sanchita Ghosh v. Union of India," which had similarly allowed exceptions to the age limit under extraordinary circumstances. Emphasizing the couple's right to parenthood and the advanced stage of their ART process, the court directed the issuance of the necessary eligibility certificate within seven working days.
This ruling underscores the judiciary's recognition of the nuances involved in ART and surrogacy cases, where rigid age limits may not account for individual circumstances and medical advancements. The decision is expected to have significant implications for future cases where procedural delays intersect with statutory age limits.
Bottom Line:
Assisted Reproductive Technology and Surrogacy - Petitioners allowed to avail the benefits of Assisted Reproductive Technology Services despite one petitioner crossing the prescribed age limit under the Surrogacy (Regulation) Act, 2021 and Assisted Reproductive Technology (Regulation) Act, 2021.
Statutory provision(s): Surrogacy (Regulation) Act, 2021, Assisted Reproductive Technology (Regulation) Act, 2021, Section 21(g), Regulation 4(c).
