Archive · 29 Sep 2026
Bombay High Court Examines Surrogacy Age Limit Challenge
A 54-year-old woman wants to pursue surrogacy.
Her application for an eligibility certificate was rejected because the rules set a maximum age of 50.
She and her husband asked the Bombay High Court to review that restriction.
They say they would use the husband’s sperm and eggs from a donor.
The woman would not use her own eggs.
The couple says they already tried IVF and embryo transfers several times without success.
The court has asked government and Maharashtra authorities to explain their positions.
The authorities must respond before the court holds a final hearing.
The court has not yet decided whether the age limit is valid.
The Bombay High Court sought replies on a challenge to the 50-year age limit for surrogacy eligibility.
A 54-year-old Nashik woman’s eligibility-certificate application was rejected because she exceeded the prescribed age.
The petitioner says she would use her husband’s sperm and donor eggs, not her own eggs.
The couple says multiple IVF rounds and embryo transfers were unsuccessful and age alone should not prevent motherhood.
Authorities must file replies by October 12, with the matter scheduled for final hearing on October 13.
- Who
- A 54-year-old woman and her husband from Nashik, along with the Union and Maharashtra authorities asked to respond.
- What
- The Bombay High Court is considering a challenge to the 50-year upper age limit for obtaining a surrogacy eligibility certificate.
- When
- The court sought replies on September 28, 2026; replies are due October 12 and the final hearing is scheduled for October 13.
- Where
- The case is before the Bombay High Court and concerns an eligibility application rejected by the Nashik Municipal Corporation.
- Why
- The couple argues that the woman’s age should not alone prevent her from pursuing motherhood after unsuccessful IVF attempts, while the application was rejected under the prescribed age limit.
Petitioners’ Argument
Current Eligibility Framework
Whether age alone should bar eligibility
Petitioners’ Argument
The couple argues that the woman’s age should not by itself prevent her from pursuing motherhood, particularly after unsuccessful IVF and embryo-transfer attempts.
Current Eligibility Framework
The woman’s application was rejected because she had crossed the prescribed 50-year age limit; the authorities’ substantive response to the challenge has not yet been reported.
- Age limit challenged
- Women seeking a surrogacy eligibility certificate face a prescribed upper age limit of 50.
- Petitioner’s age
- The woman who filed the petition is 54.
- Application rejection
- The Nashik Municipal Corporation’s competent authority rejected the application on July 14.
- Proposed treatment
- The petition proposes using the husband’s sperm and donor eggs; the woman does not intend to use her own eggs.
- Legal provisions
- The challenge concerns Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, along with the Assisted Reproductive Technology (Regulation) Act, 2021.
- Replies due
- The Ministry of Health and Family Welfare and Maharashtra authorities must file reply affidavits by October 12.
- Next hearing
- The matter is posted for final hearing on October 13.