Archive · 14 Jan 2026
Gauhati High Court Upholds Surrogacy Age Limit
The Gauhati High Court recently made a decision about a law called the Surrogacy (Regulation) Act, 2021.
A married couple who were having trouble having a baby asked the court to change some rules in the law.
The rules say that people have to be a certain age to use surrogacy, and there are limits on using donated eggs or sperm.
The couple wanted these rules to be relaxed because they were having a hard time.
But the court said no.
The judges, Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, said that the rules are important for the public good and can't be changed just because one person or couple is having a hard time.
They said the rules are fair and necessary, and the court can't change them just because of individual problems.
The Gauhati High Court upheld the age eligibility criteria under the Surrogacy (Regulation) Act, 2021.
A married couple challenged the age limit and restrictions on donor gametes due to infertility issues.
The court dismissed the plea, stating that individual hardship cannot override public interest.
The bench consisted of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury.
The court held that the measures pursue legitimate state interests and are not excessive or oppressive.
- Who
- Gauhati High Court
- What
- Upheld the age eligibility criteria under the Surrogacy (Regulation) Act, 2021
- When
- Recently (exact date not specified)
- Where
- Gauhati High Court
- Why
- To maintain the public interest and the legitimacy of the statutory policy
- Court
- Gauhati High Court
- Legislation
- Surrogacy (Regulation) Act, 2021
- Bench
- Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury
- Plea Challenged
- Age eligibility criteria and restrictions on donor gametes
- Decision
- Dismissed the plea, upheld the age limit