Supreme Court Overturns Surrogacy Age Limits for Couples before 2021

The Supreme Court has delivered a landmark ruling, stating that age restrictions under the 2021 Surrogacy Law are inapplicable to couples who began surrogacy procedures before January 25, 2022. This decision acknowledges the couple's rights, emphasizing their actions before the law took effect.

According to the court, the Surrogacy (Regulation) Act, 2021, which necessitates an eligibility certificate and sets age thresholds for intending couples, cannot be applied retrospectively. Couples who started the surrogacy process prior to the Act's commencement had already taken significant steps, including embryo freezing.

The verdict addressed petitions challenging the retrospective application of age limits, reinforcing a couple's reproductive rights. Justice B V Nagarathna noted that prior to the Act's enforcement, such couples enjoyed the same freedom as those conceiving naturally, without age-related fetters.

(With inputs from agencies.)