In a groundbreaking decision, the Kerala High Court has allowed a 50-year-old married woman to pursue surrogacy, affirming her right to become a mother. The ruling was made after the court overturned a previous decision by a single bench, which had denied the woman’s request. The decision marks a significant step forward in the protection of women’s rights and the acknowledgment of a woman’s desire for motherhood.

The court clarified that under the Surrogacy (Regulation) Act, 2021, the age limit for women seeking surrogacy is between 23 and 50 years, and women within this range are eligible to apply. The controversy arose when the Kerala State Assisted Reproductive Technology and Surrogacy Board had refused to grant permission, citing the woman’s age as 50. However, the division bench ruled in favor of the woman, directing the board to issue an eligibility certificate within a week.

The ruling emphasizes that surrogacy is not just a medical procedure but a deeply emotional journey, recognizing a woman’s right to experience motherhood. The High Court also reminded that the purpose of surrogacy laws is to prevent unethical practices, not to prevent deserving cases from proceeding.