Mumbai, Nov 5 Surrogacy is a beacon of hope for couples unable to conceive naturally, the Bombay High Court has said while coming to the aid of a couple, in their 50s, and ordering for an eligibility certificate to be issued to them to undergo the surrogacy procedure.
A bench of Justices Bharti Dangre and Ashish Chavan, in the judgment passed on Wednesday, a copy of which was made available on Thursday, quashed a July order passed by the appropriate authority of the Nashik Municipal Corporation rejecting the couple's application for an eligibility certificate under the Surrogacy (Regulation) Act.
Quoting writer Lin Yutang, the bench said, "Of all the Rights of Women, the greatest is to be a Mother". Surrogacy is a beacon of hope for individuals and couples unable to conceive naturally, the HC added.
The couple, in their 50s, had filed the plea challenging the rejection of their application for an eligibility certificate under the Surrogacy Act, solely on the ground that the woman had crossed the upper age limit.
Under the Act, the couple intending to go for surrogacy has to be married, the female ought to be in the 23-50 age group, while the male must be in the 26-55 age bracket on the day of certification.
In the present case, while the man was 53 years old, his wife is 54 years old, leading to the appropriate authority of the Nashik Municipal Corporation refusing them the eligibility certificate.
The couple, in their plea, said such a restriction was violative of their fundamental right, adding that they had been trying to conceive naturally and through IVF for several years but had failed.
The bench ordered the appropriate authority under NMC to issue the couple an eligibility certificate.
