KOCHI: Kerala High Court on Friday made it clear that a female who attains the age of 23 would become eligible to have a surrogate child and ineligible on the preceding day of her 50th birthday.
The court issued the order while dismissing a petition filed by a couple- a 46-year-old wife and 52-year-old husband. The petitioners after several cycles of treatment using Assisted Reproductive Technology were unable to conceive a child.
They were eligible to pursue surrogacy and have identified a surrogate mother. They approached the Kerala State Assisted Reproductive Technology and Surrogacy Board to obtain an eligibility certificate under Section 4(c) of the Surrogacy (Regulation) Act of 2021. However, it has orally declined to issue an eligibility certificate because the wife has attained 50 years.
The court pointed out that the provision specifically states that females between the ages of 23 and 50 years and males between the ages of 26 and 55 years, on the date of certification, are entitled to an eligibility certificate.
The court rejected the plea to declare that the wife is eligible for a certificate for surrogacy.