‘A Woman Can’t Be Denied the Opportunity to Become a Mother’: HC Allows 54-Year-Old Woman to Pursue Motherhood via Surrogacy

Woman 54 but hubby under age limit, Bombay HC OKs surrogacy

A 54-year-old woman from Nashik has been allowed to pursue surrogacy by Bombay HC. The couple approached the court after their request for surrogacy was denied due to age limitations. The court's ruling emphasizes a purposive interpretation of the surrogacy law. It aims to protect surrogate mothers and the rights of children born through surrogacy. The couple is considered a 'composite unit' for eligibility under the current legal framework.

‘A woman can’t be denied the opportunity to become a mother’: HC allows 54-year-old woman to pursue motherhood via surrogacy

A division bench of justices Bharati Dangre and Ashish S Chavan on Wednesday observed that the eligibility criteria under the law must be interpreted positively by considering the intending couple as a “composite unit” and they “should not be put in a disadvantageous position” because one spouse has crossed the age limit

Age 54, failed IVF: Why Bombay High Court allowed woman to pursue surrogacy

The Bombay High Court was hearing the couple’s challenge to the rejection of their surrogacy eligibility application because the 54-year-old woman had crossed the statutory age limit of 50.