Madras High Court Surrogacy Request: The Madras High Court has allowed a woman over the age of 50 to move forward with her request for surrogacy after considering the long medical journey she and her husband have faced. The court said that delays caused by medical problems shouldn’t automatically take away a couple’s chance of having a child.
The case concerns Mala and her husband Ramakrishnan from Chennai. The couple have been married for 18 years but don’t have a child. They first started taking medical help to have a baby in 2013. During their treatment, embryos were created and frozen in 2019 for future use.
But their plans faced several problems over the years. Mala suffered miscarriages and other health complications which stopped the treatment from moving forward. In January 2025, she also had to end a naturally conceived pregnancy after doctors advised her to do so for medical reasons.
After this difficult experience, the couple decided to try surrogacy using Ramakrishnan’s sperm and an egg from a donor.
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Why Was the Couple’s Surrogacy Request Rejected?
The couple’s request faced a problem because Mala had crossed the age of 50. Under the Surrogacy (Regulation) Act, 2021, the prescribed age limit for an intending mother is 23 to 50 years.
Medical authorities refused to allow the couple to continue with the process because of this age restriction. Mala and Ramakrishnan then approached the Madras High Court to challenge the decision.
Their lawyer, P Akhilesh, argued that the couple had started fertility treatment and frozen their embryos before the 2021 law came into force.
“Since the assisted reproductive treatment began — and the embryos were frozen — well before the Surrogacy (Regulation) Act, 2021, came into effect, the couple retains the right to have a child, in accordance with Supreme Court rulings.”
But government lawyer J V Sakthi Balakrishnan had a different view. He argued that the couple hadn’t actually started the surrogacy procedure before the new law was introduced.
“Although the assisted reproductive treatment had commenced, the surrogacy process itself had not begun before the Act came into force; therefore, the 50-year age limit applies to the petitioner.”
What Did the Madras High Court Say?
After hearing both sides, Justice D Bharatha Chakravarthy considered the couple’s long medical history. The judge noted that they had started treatment in 2013 and had frozen embryos by 2019. Their efforts to have a child had therefore begun years before the new law came into effect.
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The judge said applying the age limit without considering medical delays could unfairly affect their case.
“Since the couple began their assisted reproductive treatment as early as 2013, and had embryos frozen by 2019, their desire and right to have a child are well-established. Applying an age limit without accounting for delays caused by medical reasons would amount to giving the law a retrospective effect.”
The court then directed the recognised medical facility approached by the couple to consider their surrogacy request under the existing legal rules.
“Therefore, even though Mala is now over 50 years old, the recognised medical facility they approach must consider their request for surrogacy in accordance with legal provisions and follow the due procedures,” the judge ordered.
