Court rules that the age limits prescribed by the Surrogacy (Regulation) Act, 2021 are constitutionally valid, dismissing petition challenging their validity.
In a significant judgment delivered by the Kerala High Court, the age restrictions set under the Surrogacy (Regulation) Act, 2021 were upheld as constitutionally valid. The petitioners, Sajithanand S. @ Sajitha Manoharan and others, had sought to challenge the constitutional validity of the upper age limit imposed on intending parents under the Act, arguing that it infringed upon their fundamental rights to reproductive autonomy and family life under Articles 14 and 21 of the Constitution.
The petitioners, a husband and wife duo aged 57 and 44 respectively, had been married since 2006 and had undergone various treatments for infertility. With three viable cryopreserved embryos at a hospital, surrogacy remained their only option to have a biological child. However, the Surrogacy Act stipulates an upper age limit of 50 years for women and 55 years for men, rendering the couple ineligible for surrogacy.
The court, presided over by Justice M.B. Snehalatha, observed that the age restrictions were based on intelligible differentia and directly linked to the objectives of ensuring safe pregnancies, healthy childbirth, and the welfare of both the surrogate and the child. The judgment emphasized that the classification based on age satisfied the test of proportionality and was neither arbitrary nor discriminatory.
The petitioners argued that the age restriction applied retroactively to pre-existing embryos, violating their reproductive rights. However, the court noted that the embryos were cryopreserved after the enactment of the Surrogacy Act, thus not qualifying for exemptions provided in earlier judgments like that of Vijayakumari S. v. Union of India, where couples who commenced surrogacy procedures before the Act's enforcement were considered.
The Union of India, represented by the learned Central Government Standing Counsel, defended the age restrictions as necessary to protect the surrogate mother and the child, citing scientific reasoning and consultations with domain experts as the basis for these stipulations. The court agreed, stating that reproductive rights, though fundamental, are subject to reasonable restrictions in the interest of societal welfare.
The court dismissed the writ petition, affirming that the statutory restrictions on age are constitutionally valid and serve a rational link to the objectives of the Surrogacy Act. This decision underscores the state's positive obligation to safeguard public health and ethical practices in assisted reproductive technology.
Bottom line:-
The age restrictions prescribed under the Surrogacy (Regulation) Act, 2021 are constitutionally valid and represent a reasonable classification based on medical science, ethical considerations, and societal welfare. These restrictions do not infringe fundamental rights under Articles 14 and 21 of the Constitution, but instead ensure safe reproduction, child welfare, and public health.
Statutory provision(s): Surrogacy (Regulation) Act, 2021 Section 4(iii)(c)(I), Article 14, Article 21 of the Constitution of India
Sajithanand S. @ Sajitha Manoharan v. Union Of India, (Kerala) : Law Finder Doc id # 2888875
