KOCHI: Kerala High Court has ruled that an intending woman is eligible for surrogacy throughout the age of 50 years, and her eligibility ceases only when the intending woman turns 51.
A Division Bench comprising Chief Justice Nitin Jamdar and Justice S Manu passed the order while allowing an appeal filed by a woman against a single judge’s verdict refusing her permission to go for surrogacy on the ground that she became ineligible on turning 50 years.
The Bench noted that the question in the appeal is whether she is entitled to avail of surrogacy till the beginning of the 50th year or at the end of 50 years.
The Act intends to ensure ethical and legal safeguards. This is important when interpreting the age eligibility for an intending mother, particularly whether the upper limit of 50 years excludes women who have turned 50. The provision on age eligibility should be understood in a way that ensures ethical surrogacy practices rather than creating unnecessary restrictions.
The court added that, in this case, what is at stake is the permanent loss of the opportunity to become a mother. Motherhood is a deeply personal and fundamental aspect of life. Any interpretation that results in depriving someone of it permanently has to be approached with caution.