XX vs UNION OF INDIA & ORS.

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19380/2025 Date of decision: 13.03.2026 IN THE MATTER OF: XX .....Petitioner (Through: Petitioners in person.) versus UNION OF INDIA & ORS. .....Respondents (Through: Dr. Monika Arora, CGSC with Mr.Subhrdeep Saha, Mr. Prabhat Kumar , Ms. Anamika Thakur, Mr. Abhinav Verma, Advocates.) CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The present petition assails the communication dated 28.11.2025 issued by respondent no. 4 i.e., Aveya IVF & Fertility Centre, whereby the petitioners were informed that they are ineligible to proceed with the surrogacy process on the ground that petitioner No. 2 has crossed the upper age limit of 50 years prescribed under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 (hereinafter “the Act”). 2. The petitioners being a married couple intend to avail gestational surrogacy in accordance with the provisions of the Act. On 30.06.2025, the Office of the Chief District Medical Officer (West District), DTE of Health Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:19.03.2026 By:PURUSHAINDRA 17:09:11 KUMAR KAURAV Services, Govt. of NCT of Delhi issued a Medical Indication Certificate through the District Medical Board, certifying that there exists a genuine medical indication necessitating surrogacy. At the time of issuance of the said certificate, petitioner no. 2 was 49 years of age. Subsequently, on 15.09.2025, petitioner no. 2 attained the age of 50 years. It, thus, remains undisputed that as on date, the petitioner no.2 has already attained 50 years of age. Respondent no. 4, therefore, declined to proceed with the surrogacy process on the ground that the petitioner no.2 had already c