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Kerala HC: Eligibility Certificate Under Surrogacy Act Required Before Procedure

Verdictum•
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Summary

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  • The Kerala High Court has ruled that couples must secure an eligibility certificate under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021 before starting any surrogacy procedure.
  • The Court emphasized that age eligibility must be assessed as of the certification date, not when embryos were created, rejecting a couple's challenge after their application was denied due to age limits.
  • The ruling upheld the constitutionality of age restrictions in the Surrogacy Act, stating they ensure safe and ethical surrogacy practices.
  • This decision reinforces compliance with the Surrogacy Act and could impact future surrogacy cases involving age criteria in India.

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