The Supreme Court on Thursday held that couples who had begun the surrogacy process before the enactment of the Surrogacy (Regulation) Act, 2021 law can proceed with surrogacy despite being over the statutory age limit under section 4(iii)(c)(I). The law mandates that the woman must be between 23 and 50 years of age and the man between 26 and 55 years.

A bench of Justice BV Nagarathna and Justice KV Viswanathan said that the right to surrogacy of such couples crystallised when they had their empbryos frozen under the law prevailing at the time (before commencement of the Surrogacy Act when there was no age limit) as a part of reproductive autonomy and parenthood, and the age restriction under the Act cannot apply retrospectively to such couples.

The Court held that commencement of surr

See Full Page