Court rules age and genetic linkage restrictions reasonable, dismisses petition challenging Surrogacy (Regulation) Act, 2021
In a significant ruling, the Gauhati High Court upheld the Surrogacy (Regulation) Act, 2021, including its age-based eligibility criteria and restrictions on the use of donor gametes by married couples. The Division Bench, comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, dismissed a writ petition challenging these provisions, emphasizing the legislative intent to balance reproductive rights with ethical and welfare considerations.
The petitioners, a married couple facing infertility issues, challenged the refusal of surrogacy permission based on age ineligibility and the amended restrictions on donor gametes. They argued that these limitations violated their fundamental rights under Articles 14 and 21 of the Indian Constitution, which guarantee equality and personal liberty, including reproductive autonomy.
The court, however, found the age-based classification reasonable, highlighting that it is linked to concerns about paternal capacity, health, longevity, and the long-term welfare of the child. It stated that the provisions do not violate constitutional rights as they serve legitimate state interests and adhere to the principles of rational classification.
Further, the court upheld the amendment to the Surrogacy (Regulation) Rules, 2022, which restricts the use of donor gametes for married couples while allowing it for single women under specific circumstances. The court reasoned that this policy ensures a genetic linkage between the child and the intending parents, reflecting a legitimate legislative choice.
The judgment also addressed the doctrine of legitimate expectation, noting that it cannot counteract clear legislative mandates. The court emphasized that eligibility must be satisfied at the time the benefit is claimed, and previous eligibility does not confer a vested right to disregard new statutory requirements.
The decision underscores the court's deference to legislative policy in complex socio-medical areas, affirming that the restrictions under the Surrogacy (Regulation) Act, 2021, meet the proportionality test and are neither excessive nor oppressive. The court concluded that individual hardship cannot be a basis to challenge or relax statutory policies framed in the public interest.
The petition was dismissed, with no order as to costs, reinforcing the legislative framework designed to address ethical concerns, prevent exploitation, and safeguard the welfare of surrogate mothers and children.
Bottom Line:
Surrogacy - Legislative policy prescribing eligibility criteria and restrictions under Surrogacy (Regulation) Act, 2021 upheld - Age-based classification and restrictions on donor gametes for married couples found reasonable and in line with legitimate state interests.
Statutory provision(s): Surrogacy (Regulation) Act, 2021, Surrogacy (Regulation) Rules, 2022, Constitution of India 1950, Articles 14 and 21.
Seema Chakraborty v. Union of India, (Gauhati)(DB) : Law Finder Doc Id # 2823650
