TAPAS KUMAR MALLICK & ANR. vs UNION OF INDIA & ANR.

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: 27.10.2025 + W.P.(C) 3953/2025 TAPAS KUMAR MALLICK & ANR. .....Petitioner Through: Mr. S.M. Tripathi, Mr. Divyanshu Priyam, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Arunima Dwivedi (CGSC) along with Mr. Akash Pathak (GP), Ms. Himanshi Singh, Ms. Monalisha Pradhan, Ms. Priya Khurana, Advs. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (Oral) 1. The present petition has been filed by the petitioners, an ‘intending couple’ within the meaning of Section 2(r) of the Surrogacy (Regulation) Act, 2021(hereinafter referred to as ‘the Act’), aggrieved by the upper age limit prescribed under Section 4(iii)(v)(c)(I) 1 of the Act. 2. As per Section 4(iii)(v)(c)(I) of the Act, a male must be between 26 and 55 years of age, and a female must be between 23 and 50 years of age to 1 (c) an eligibility certificate for intending couple is issued separately by the appropriate authority on fulfilment of the following conditions, namely:— (I) the intending couple are married and between the age of 23 to 50 years in case of female and between 26 to 55 years in case of male on the day of certification; Signature Not Verified Digitally Signed W.P.(C) 3953/2025 Page 1 of 6 By:ABHISHEK THAKUR Signing Date:01.11.2025 16:41:59 be eligible for surrogacy as an advanced fertility treatment. Petitioner no.1 (husband) is aged 57 years (approx.) and petitioner no.2 (wife) is aged 42 years (approx.). 3. The narrow conspectus in the backdrop of which the present petition arises is that after multiple unsuccessful attempts at conception (including through IVF), and in consideration of their medical condition, the petitioners were advised by medical practitioners to pursue surrogacy as the only feasibl