The Calcutta High Court stepped in to support a couple seeking parenthood through assisted reproductive methods, even after crossing the prescribed age limit. Justice Raja Basu Chowdhury directed authorities to issue the required eligibility certificate without further delay, noting the “peculiar facts” of the case.
Background of the Case
The case, Sangita Raha & Anr. vs The State of West Bengal & Ors., involved a married couple who had been trying to conceive for years. After unsuccessful attempts, including IVF, they decided to opt for gestational surrogacy under the provisions of the Surrogacy (Regulation) Act, 2021 and Assisted Reproductive Technology (Regulation) Act, 2021.
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They applied for a “Certificate of Medical Indication” in May 2025, when the wife was within the permissible age. However, delays in processing meant that by the time they sought the final eligibility certificate, she had crossed the upper age limit.
Despite this, the couple had already undergone critical medical procedures. Their embryos had been successfully cryopreserved, and medical experts indicated a fair chance of pregnancy through surrogacy.
During the hearing, the State opposed the plea, arguing that it had
“no authority to relax the prescribed age limit.” However, the bench took a broader view of the situation.
“The petitioners should not be made to suffer,” the court observed, especially since the process had begun within the legally allowed timeframe. The judge noted that the delay was procedural and not attributable to the couple.
Referring to earlier rulings, including Shyamoli Saha vs State of West Bengal, the court reiterated that strict application of age limits should not defeat genuine cases where medical procedures were initiated lawfully.
The bench also acknowledged the emotional and physical challenges faced by the couple. It remarked that they had already “taken lot of pain” in their attempt to have a child.
Concluding that the case warranted special consideration, the court directed the concerned authority to issue the eligibility certificate under the ART framework.
“The petitioners should be given an opportunity to become parents,” the bench stated,
emphasizing that the presence of viable cryopreserved embryos and medical feasibility justified the relief.
The authority was instructed to complete the process “as expeditiously as possible,” preferably within seven working days.
With these directions, the writ petition was disposed of.
Case Details
Case Title: Sangita Raha & Anr. vs The State of West Bengal & Ors.
Case Number: WPA 481 of 2026
Judge: Justice Raja Basu Chowdhury
Decision Date: April 16, 2026
