Madras HC Clarifies Surrogacy Age Eligibility throughout 50th year
Judgment dated 25.6.2026 of the High Court at Madras in CRL RC No.950 of 2026 of Sri Nandhini Devi and others Vs. The State of Tamilnadu and others
Surrogacy (Regulation) Act, 2021.
Madras HC Clarifies Age Eligibility through 50th year for Surrogacy
The son of the petitioner nos.1 and 2 died due to cardiac arrest. They have decided for a child through surrogacy.
On 23.5.2025, the authority issued the Eligibility Certificate.
On 22.12.2025, the appellate authority issued the Eligibility Certificate to the petitioner no.3 surrogate mother.
The petitioners filed case under Section 4(iii)(a)(II) of the Surrogacy (Regulation) Act, 2021, for an order for parentage and custody of the child to be born through surrogacy.
The court below held that the petitioner no.1 was 50 years 9 months and 3 days age at the time of making application for eligibility certificate and therefore, the certificate was not valid.
Whether the expression “between 23 to 50 years” occurring in Section 4(iii)(c)(I) includes a woman, who has completed 50 years, but has not attained 51 years.
.Section 4(iii)(c)(I) states that “the intending couple are married and between the age of 23 to 50 years in case of female and between 26 to 55 years in the case of male on the day of certification.”
