On June 25, 2026, Justice Shamim Ahmed of the Madras High Court ruled that a woman who has completed 50 years but has not yet turned 51 remains within the statutory surrogacy eligibility age bracket under the Surrogacy (Regulation) Act, 2021.
The Court also held, according to Verdictum, that a Magistrate exercising powers under the Act cannot function as an appellate authority over eligibility certificates issued by the Appropriate Authority.
Background & Case History
The petitioners are a Tamil Nadu couple married on February 21, 2005. Their only child, born on September 21, 2008, died of cardiac arrest on November 6, 2024.
Making natural conception further impossible, the first petitioner — the intending mother — underwent a total abdominal hysterectomy on October 29, 2024, just days before their child’s death.
The couple thereafter pursued altruistic gestational surrogacy, obtaining the requisite eligibility certificates from the Appropriate Authority and the District Medical Board, per Law Trend.
They filed their application before the Judicial Magistrate No. I, Namakkal (Crl.MP.No.258 of 2026), seeking a parentage and custody order — a mandatory step under the Surrogacy (Regulation) Act, 2021.
- February 21, 2005: Petitioners’ marriage.
- September 21, 2008: Birth of the couple’s only child.
- October 29, 2024: First petitioner undergoes total abdominal hysterectomy.
- November 6, 2024: The couple’s only child dies of cardiac arrest.
- March 18, 2026: Judicial Magistrate No. I, Namakkal dismisses the surrogacy petition on two grounds — the intending mother’s alleged age ineligibility, and the non-examination of the surrogate mother’s husband.
- May 22, 2026: The petitioners’ Eligibility Certificate expires, per Law Trend.
- June 25, 2026: Madras High Court allows CRL RC No. 950 of 2026 and sets aside the Magistrate’s order.
Arguments & Submissions
The petitioners challenged the Magistrate’s order primarily on the ground that the intending mother, at 50 years, 9 months, and 3 days of age, fell squarely within the permissible age of “between 23 to 50 years” under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021.
They further contended that the couple had validly obtained eligibility certificates from the Appropriate Authority, and that the Magistrate had no jurisdiction to re-examine or override those certificates while adjudicating a parentage application under Section 4(iii)(a)(II) of the Act.
On the second ground of dismissal — the non-examination of the surrogate mother’s husband — the petitioners argued that the statute imposes no such mandatory requirement, as reported by Law Trend.
The Ruling: Key Findings
Justice Shamim Ahmed allowed the Criminal Revision Case and set aside the Magistrate’s March 18, 2026 order, remanding the matter to Judicial Magistrate No. I, Namakkal, for fresh consideration, according to Law Trend.
On the age question, the Court held: “This Court is of the view that if a woman is stated to be aged 50 years, until she attains 51 years, it can be stated that she remains at the age of 50 years.”
On the Magistrate’s limited jurisdiction, the Court observed: “The Magistrate shall not function as an appellate authority over the District Medical Board, Appropriate Authority, Insurance Authority or Registered ART/Surrogacy Clinics.”
The Court further held that non-examination of the surrogate mother’s husband is not fatal to parentage and custody proceedings, as the statute does not mandate the husband’s examination, per Verdictum.
The High Court directed the petitioners to apply to the Appropriate Authority within two weeks for an extension of their Eligibility Certificate for the period May 23, 2026 to May 22, 2027.
Legal Analysis & Implications
Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 prescribes that an intending woman must be “between 23 to 50 years” of age to be eligible for surrogacy services. The central interpretive question was whether a woman who has turned 50 but not yet reached 51 satisfies this criterion.
The Madras High Court answered affirmatively, drawing approval from the Kerala High Court Division Bench’s ruling in Rajitha P.V. vs. Union of India, which held that “the eligibility of intending woman to avail of surrogacy services extends throughout the 50th year, ceasing on the day the intending woman turns 51,” as cited by Law Trend.
The Court also relied on Supreme Court judgments in Prabhu Dayal Sesma vs. State of Rajasthan and Eerati Laxman vs. State of AP regarding the legal computation of age, per Law Trend.
The ruling draws a firm line around Magistrates’ powers: judicial scrutiny at the parentage-application stage is confined to voluntariness, statutory compliance, and the welfare of the child — not a re-evaluation of certificates already issued by the Appropriate Authority, unless those certificates are shown to be ex-facie illegal, fraudulent, or without jurisdiction.
The judgment carries statewide force: the High Court issued comprehensive guidelines to all Magistrates across Tamil Nadu, including a direction to dispose of surrogacy petitions within four weeks, as reported by LiveLaw (2026 LiveLaw (Mad) 281).
Reactions & Stakeholder Response
No formal reactions from the Bar Council, petitioners’ counsel, or government representatives were reported in the available sources at the time of publication.
The practical import, however, is significant for the Tamil Nadu judiciary: the High Court’s order was directed to be circulated to all Principal District Judges across Tamil Nadu via the Registrar General of the Madras High Court, according to Verdictum and Law Trend.
What’s Next
The matter now returns to Judicial Magistrate No. I, Namakkal, which must reconsider the petitioners’ surrogacy application afresh, in strict accordance with the High Court’s guidelines.
The petitioners have been directed to apply to the Appropriate Authority within two weeks of the June 25, 2026 order for extension of their Eligibility Certificate covering the period May 23, 2026 to May 22, 2027, per Law Trend.
All Magistrates in Tamil Nadu are now bound by the statewide guidelines, setting a uniform procedural standard for surrogacy parentage applications going forward.
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Disclaimer
Disclaimer: This article is for general information only and does not constitute legal advice. Laws may change or vary by case — consult a qualified lawyer before acting. The Courtroom is not liable for any reliance on this content.
