Law & Justice

Delhi High Court Rejects Exemption for Surrogacy Couple Over Age Limit

By Shruti Kakkar

A Delhi High Court bench ruled on November 2 that it could not grant an exemption to a couple seeking surrogacy because the woman had exceeded the 50‑year age limit set by Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021. The couple had first consulted a clinic on February 6, 2025, when the woman was about 49 years and seven months old. Four days later, the clinic recommended gestational surrogacy with a donor. By July 2025, during infertility treatment, the woman’s age had surpassed the statutory upper limit. The couple petitioned the court for an exemption, arguing that they were already in the process of initiating surrogacy when the age limit was crossed. Justice Amit Mahajan noted that the couple had been informed during their initial consultation that the woman was only five months from the age limit, yet they only sought judicial relief after the limit had been exceeded and offered no satisfactory explanation for the delay. The court held that sympathy could not replace statutory eligibility and dismissed the petition. The decision was issued in a written order released later.