In a significant judgment, the Kerala High Court addressed the age eligibility criteria stipulated under the Surrogacy (Regulation) Act, 2021, particularly focusing on the precise moment a woman becomes eligible for surrogacy. The court's deliberation centered on the interpretation of age limits and the exact day a woman attains the minimum required age for surrogacy procedures.
Case Background
The petitioners in this case were an intending couple seeking to become parents through surrogacy. The female petitioner was on the cusp of turning 23 years old, the minimum age prescribed by the Surrogacy (Regulation) Act for a woman to act as a surrogate mother or to avail surrogacy services. The central issue was whether she would be considered eligible for surrogacy procedures on the day she turned 23 or if she remained ineligible until that day had fully passed.
Legal Provisions Involved
The Surrogacy (Regulation) Act, 2021, under Section 4(iii)(c)(I), mandates that the intending couple must be married, with the female partner aged between 23 to 50 years and the male partner between 26 to 55 years on the day of certification. This provision aims to ensure that individuals undergoing surrogacy are within a specific age bracket, presumably to safeguard the welfare of both the surrogate mother and the child.
Court's Analysis
The court meticulously examined the language of the statute, emphasizing the importance of interpreting the age criteria with precision. It noted that the Act specifies the age range "on the day of certification," which implies that the individual becomes eligible on the day they attain the minimum age, not after the completion of that day. Therefore, a woman becomes eligible for surrogacy procedures the moment she turns 23 years old.
The court further highlighted that any interpretation delaying eligibility until the day after turning 23 would be unreasonable and contrary to the legislative intent. Such an interpretation would unjustly postpone the rights of individuals seeking to avail themselves of surrogacy services, thereby infringing upon their reproductive rights.
Implications of the Judgment
This judgment clarifies that women become eligible for surrogacy procedures immediately upon reaching the age of 23. This interpretation ensures that there is no unnecessary delay in accessing surrogacy services, thereby upholding the reproductive rights of individuals. The court's decision underscores the necessity of precise statutory interpretation to prevent potential infringements on personal liberties.
Broader Context
The Kerala High Court's ruling aligns with its previous observations regarding age limits in reproductive laws. In earlier cases, the court had directed the National Assisted Reproductive Technology and Surrogacy Board to reconsider the upper age limits prescribed for assisted reproductive technology, emphasizing that personal choice in building a family is a fundamental right. The court had termed the imposition of age restrictions without transitional provisions as "irrational and arbitrary," urging a re-evaluation to better respect individual liberties.
Conclusion
The Kerala High Court's judgment provides crucial clarity on the age eligibility criteria for surrogacy under the Surrogacy (Regulation) Act, 2021. By affirming that a woman becomes eligible for surrogacy procedures upon reaching 23 years of age, the court has reinforced the importance of timely access to reproductive services and upheld the fundamental rights of individuals seeking to build families through surrogacy.
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