Madras High Court Clarifies Women Can Choose Surrogacy Until They Turn 51

Summary: The Madras High Court clarified that a woman can choose surrogacy until she completes 50 years of age and turns 51. The Court said that the law should be understood in a fair and practical way. It explained that a woman does not become ineligible on her 50th birthday but only after she turns 51. The case came before the Court after a couple faced problems with their surrogacy application because of the woman's age [Nandhini Devi Vs State of Tamil Nadu]. The Court also said that if the concerned authority has already issued the required eligibility certificate, a Judicial Magistrate cannot question it. This decision helps remove confusion and makes the surrogacy process smoother for eligible couples.

Impact on Society: This judgment gives hope to couples who want to become parents through surrogacy. It ensures that eligible women are not denied the chance to have a child because of a misunderstanding of the age limit. The decision also makes the process more fair, clear, and quicker, helping families receive timely support under the law.

Author: SAMEEKSHA TIWARI

DEVI AHILYA VISHWAVIDYALAYA

Research Intern, June 2026