Right to Parenthood Prevails Over Surrogacy Age Limit
Judgment dated 4.11.2026 of the High Court of Bombay in Writ Petition No.11143 of 2026 of X-1 and another Vs. Union of India and others
It is this right to be a ‘Mother’ is what is claimed before us through present Petition filed by X-1, a female aged 54 years and X-2, a male aged 53 years, being the legally wedded spouses, both together constituting “intending couple” within the scope of the Surrogacy (Regulation) Act, 2021 (hereinafter referred to as “Surrogacy Act”).
Respondent No.5, on 14/07/2026, rejected the application filed by the Petitioners by stating thus : “Age of X-1 is 54 years and under the Surrogacy Act, 2021, the age of the woman, shall not exceed 50 years and, therefore, the Eligibility and Essentiality Certificate cannot be issued to the Petitioners.”
The Petitioners have instituted the Writ Petition, being aggrieved by the rejection of their application for issuance of an Eligibility Certificate under Section 4(iii)(c) of the Surrogacy Act, solely on the ground that X-1 has crossed the upper age limit prescribed under Section 4(iii)(c)(I) of the Act. The Petitioners seek judicial review of the said order and consequential relief for enforcement of their right under Articles 14 and 21 of the Constitution of India.
