Calcutta HC Directs Issuance of Surrogacy Eligibility Certificate Amidst Age Limit Concerns
In a significant ruling, the Calcutta High Court has directed the West Bengal government to issue an eligibility certificate under the Surrogacy (Regulation) Act, 2021, to a married couple who had exceeded the statutory age limit after commencing their Assisted Reproductive Technology (ART) process. Justice Raja Basu Chowdhury emphasized that individuals should not be denied the opportunity to become parents, especially after undergoing extensive medical procedures and successfully cryopreserving embryos.
Background of the Petitioners
The case involved Sangita Raha & Anr., a married couple who had initiated fertility treatment due to their inability to conceive naturally. They underwent IVF treatment without success and subsequently opted for gestational surrogacy. An application for a Certificate of Medical Indication under the Surrogacy Act was made on May 26, 2025, to the Chief Medical Officer of Health, Darjeeling. At the time of this initial application, the wife was within the permissible age limit, while the husband was only slightly above the age threshold. Following the issuance of the medical indication certificate, ovum pick-up was conducted, and embryos were successfully cryopreserved on December 16, 2025. A fertility centre confirmed the viability of these embryos for a successful pregnancy.
Court's Legal Analysis and Rationale
The application for the final eligibility certificate under Regulation 4(c) of the Surrogacy Act remained pending, during which period the wife also crossed the statutory age limit. The State of West Bengal & Ors. opposed the plea, asserting that the couple had exceeded the eligibility age and that authorities lacked the power to relax the statutory age requirements. However, Justice Chowdhury critically noted that while the wife had indeed crossed the upper age limit by the time the eligibility certificate was under consideration, the crucial factor was that the initial application and significant medical procedures were undertaken when she was within the prescribed age. The Court underscored that:
“The petitioners should not be made to suffer and should be given an opportunity to become parents especially when the embryo has been successfully cryopreserved and that there is a fair chance that it shall result in successful pregnancy.”
This observation highlights the judiciary's empathetic approach towards couples who have significantly progressed in their ART journey.
Precedential Support and Directive
Justice Chowdhury drew upon earlier rulings by coordinate benches in cases such as Shyamoli Saha & Anr. v. State of West Bengal & Ors. and Sanchita Ghosh & Anr. v. Union of India, where similar relief was granted to couples facing age limit issues during the ART process. Finding the present case to be on a similar footing, the Court concluded that the petitioners should be allowed to complete their surrogacy process. Consequently, the Calcutta High Court directed the issuance of the eligibility certificate to Sangita Raha & Anr. within seven working days, upholding the spirit of the Surrogacy (Regulation) Act, 2021, while ensuring equitable access to reproductive technologies for intending parents who have commenced the process diligently.
