Supreme Court's Verdict: Age Limits in Surrogacy Law Have Exceptions
The Supreme Court ruled that age restrictions outlined in the 2021 surrogacy law do not apply to couples who began the surrogacy process before its implementation. This decision impacts cases where embryos were created and frozen prior to the law's enforcement. The judgment affects couples involved in surrogacy pre-Act.
- Country:
- India
The Supreme Court declared on Thursday that the age restrictions of the 2021 surrogacy law do not affect intending couples who started the surrogacy process, such as freezing embryos, before the Act's introduction on January 25, 2022.
The court emphasized that if a couple was already at the stage of creating and freezing embryos prior to the Act's enforcement, they would not be subjected to age limitations when transferring the embryos to a surrogate mother's uterus.
The ruling, delivered by Justices B V Nagarathna and K V Viswanathan, specifically affects cases initiated before the law's introduction, and it maintains that couples in similar situations should seek remedy from high courts. A detailed judgment is anticipated.
(With inputs from agencies.)
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