New Delhi: Couples who opted for surrogacy and froze their embryos before the Surrogacy (Regulation) Act of 2021 was enforced will not be bound by the age restriction clause in the law, the Supreme Court (SC) pronounced on Thursday.
Giving significant relief to such couples, a bench of Justices BV Nagarathana and KV Vishwanathan emphasised that a law is deemed to have only a prospective application unless it is explicitly expressed or is implied through the use of language.
Even if the law has to be interpreted to give it a retrospective operation, it cannot be done to restrict or curtail a right conferred on the citizens. Show Full Article
The Surrogacy (Regulation) Act mandates that the woman must be between 23 and 50 years of age and a man between 26 and 55 years to opt for surr