'Not applicable for couple who ... ': SC on age criteria for surrogacy; what the law states

NEW DELHI: The Supreme Court on Thursday ruled that the age restrictions under the do not apply to who began the surrogacy process, such as freezing embryos, before the law came into force. The court allowed pleas from three couples to go ahead with surrogacy irrespective of the age limits.

The bench questioned the reasoning of the government in imposing age restrictions on couples intending to pursue surrogacy. "When there is no age limitation to procreate then why should there be age limitation on surrogacy," the court asked, while refraining from examining the overall validity of the Surrogacy (Regulation) Act and the Assisted Reproductive Technology (Regulation) Act, 2021.

Under the current law, an intending mother must be between 23 and 50 years old and the father between 26 and 55 years. A surrogate mother must be married, aged 25 to 35, have a biological child, and act as a surrogate only once. The law allows single women who are widowed or divorced, between 35 and 45, to pursue surrogacy.

The court’s decision provides relief to couples who had frozen embryos before the law’s enforcement, allowing them to continue their surrogacy journey without legal hurdles related to age.

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