The bench noted that the issues facing the petitioners were that the husband has exceeded the age limit, and the family friend who would act as a surrogate was not genetically related as per the statutory requirements.
In a case heard by the Karnataka High Court on April 21, a single-judge bench has set a test with three conditions to check the eligibility of surrogacy, as one of the parents has crossed the age limit.
The bench of Justice M Nagaprasanna noted that the issues facing the petitioners were that the husband has exceeded the age limit, and the family friend who would act as a surrogate was not genetically related as per the statutory requirements. It proposed a triple test, which included a genetic test, a physical test, and an economic test.
The wife in the case was 45 years old, while the husband was 57 (two years past the age limit for surrogacy). Their son had passed away in a road accident after completing his MBBS, and they found out that there would be a long waiting period to adopt another child. The wife had also earlier had a hysterectomy. In the case of surrogacy, the sister-in-law of the husband was willing to donate the egg cell while a 25-year-old family friend was willing to act as a surrogate to give birth to the child.
The court, further, directed the couple to approach the relevant Surrogacy Board or Authority, which was in turn directed to pass appropriate orders for eligibility certificate within four weeks, bearing in mind the observations of the court.