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Synopsis

The Delhi High Court has dismissed a plea filed by a 54-year-old man seeking a no-objection certificate (NOC) from his estranged wife for pursuing surrogacy. The man argued that due to his advancing age and the expected lengthy divorce proceedings, he had no alternative but to opt for surrogacy to continue his DNA lineage.

The petitioner contested a family court's decision that denied directing his estranged wife to issue the required NOC for a surrogate mother.

The bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal expressed difficulty understanding the husband's intention to pursue surrogacy while the marriage was still in effect, highlighting potential complications for the couple and the child.

The court pointed out that the Surrogacy (Regulation) Act, 2021, outlines a comprehensive procedure for individuals seeking surrogacy. The Act specifies that the child is to be handed over to the "intending couple," defined as a "legally married Indian man and woman above the age of 21 years and 18 years, respectively."

In its order, the bench, stated, "We find no merit in the appeal, whereby the appellant has sought a child through surrogacy without following the procedures as enacted in the Surrogacy (Regulation) Act, 2021, which is hereby dismissed."

The court emphasized that the divorce petition was only filed in 2022, and the man's argument regarding his age and the potential duration of divorce proceedings did not seem reasonable.

The court suggested that he pursue an expedited resolution of his divorce petition instead.