Supreme Court Upholds Reproductive Autonomy Against Age Limits in Surrogacy
The Supreme Court ruled that age restrictions under the Surrogacy (Regulation) Act, 2021, should not apply retrospectively to couples who began surrogacy procedures before its enactment. The court emphasized reproductive autonomy, stating that parenting concerns do not justify retroactivity, and compared the freedom of natural conception and adoption processes.
- Country:
- India
In a landmark decision, the Supreme Court has ruled against the retrospective application of age limits under the Surrogacy (Regulation) Act, 2021, for couples who initiated surrogacy processes before the law was enacted. The court emphasized the principle of reproductive autonomy for intending couples.
The verdict was delivered by a bench comprising Justices B V Nagarathna and K V Viswanathan. They highlighted discrepancies between the regulation of surrogacy and the freedom allowed for natural conception and adoption under personal laws, noting that parenting and gamete quality concerns do not support retroactivity.
The judgment reflects the court's stance on maintaining a balance between surrogacy regulation and personal rights. The bench pointed out the state's allowance for natural conception, regardless of age, questioning the rationale behind applying age constraints retroactively for surrogacy.
(With inputs from agencies.)
Google News