The Bombay High Court has sought replies from the Centre and Maharashtra authorities on a 54-year-old Nashik woman’s challenge to the 50-year upper age limit for surrogacy eligibility. Her certificate application was rejected after she crossed the prescribed age. The court has listed the matter for final hearing on October 13.

The Bombay High Court has sought responses from central and Maharashtra authorities on a challenge to the upper age limit for surrogacy eligibility | AI Generated File Image

Mumbai, September 28, 2026: The Bombay High Court on Monday sought replies from the Centre and Maharashtra authorities on a petition challenging the 50-year upper age limit for women seeking an eligibility certificate for surrogacy. The plea has been filed by a 54-year-old Nashik woman whose application was rejected on the ground that she had crossed the prescribed age.

A bench headed by Justice Bharati Dangre said the matter required consideration of the provisions of the Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021, particularly in the context of the petitioner’s challenge to the age restriction.

Authorities Asked To File Replies

The court permitted the Ministry of Health and Family Welfare, Union government, the State Public Health Department, the State Assisted Reproductive Technology and Surrogacy Board and the appropriate authority under the Surrogacy Act to file reply affidavits by October 12.

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The bench noted that the petitioner was already 54 and observed that “time is running short for her” as she was challenging the restriction on the ground that the maximum age limit of 50 was preventing her from obtaining the eligibility certificate.

Couple Challenges Eligibility Rejection

The couple from Nashik had approached the High Court after the competent authority of the Nashik Municipal Corporation refused to issue the certificate on July 14. The woman has stated that she does not intend to use her own eggs. According to the petition, the proposed surrogacy would involve her husband’s sperm and donor eggs.

The petitioners have claimed that they underwent several rounds of IVF and embryo transfers but were unsuccessful. They have argued that in such circumstances, the woman’s age should not by itself prevent her from pursuing motherhood.

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The petition challenges the constitutional validity and interpretation of Section 4(iii)(c)(I) of the Surrogacy Act, invoking Articles 14 and 21 of the Constitution.

The court said it needed the response of the concerned authorities before considering the submissions. The matter has been posted for final hearing on October 13.

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