KOCHI: The Kerala High Court has held that the age limits prescribed for intending parents and surrogate mothers are meant to ensure safe pregnancies, healthy childbirth, and the well-being of both the surrogate mother and the child.
The court observed that the age criteria under the Surrogacy Act are reasonable restrictions designed to promote safe medical practices and minimise health risks associated with surrogacy procedures for the intending couple, surrogate mother, and child.
The remarks were made while dismissing a petition filed by a couple challenging the constitutional validity of the upper age limit imposed on intending parents.
In the present case, the wife was aged 44 and the husband was aged 57. Though married in 2006, they had no children. Since the husband had crossed the upper age limit of 55 years, the couple was not eligible to avail surrogacy.
The petitioners currently have three viable cryo-preserved embryos at a private hospital. The only medically viable option available to the couple is gestational surrogacy. However, due to the upper age restriction, they are unable to proceed with the surrogacy procedure on the ground that the husband has crossed the prescribed age limit.
The Central government submitted that the upper age limits for men and women were fixed after consultation, expert studies, and extensive deliberation. The age limits were stipulated to balance the interests of the parents and the child, while also considering delayed marriages in India.The social impact as well as health aspects were also taken into account.
The restrictions regarding age are essential to prevent situations where the child may be exposed to risks associated with potential parental age-related concerns, such as health complications or inability to provide adequate care, submitted the Central government.
The court observed that unregulated reproductive practices can lead to serious harm. It held that the age restrictions are not arbitrary and strike a careful balance between individual choice and public health. Reproductive rights, though fundamental, are not absolute and are subject to reasonable restrictions, it said.
