SC Rules Surrogacy Age Limits Not Applicable to Pre-2022 Frozen Embryos

A Supreme Court recently ruled that age limits under the Surrogacy (Regulation) Act, 2021 do not apply to couples who froze embryos and began the surrogacy process before January 25, 2022, when the law came into force.

Case Background

• Three couples approached the Supreme Court after being disqualified under the Act’s age restrictions despite having created and frozen embryos before the law’s enactment.
• The court held that the exemption applies even if implantation in the surrogate’s womb took place after the commencement of the Act.
• The ruling is directly applicable to the three couples, while others in similar situations may seek relief from the concerned High Courts.

Legal Reasoning

• The court emphasized that reproductive autonomy, protected under Article 21 of the Constitution, cannot be curtailed based on retrospective application of age rules or apprehensions regarding parenting ability.
• It rejected the argument that advanced age alone could justify limiting reproductive rights where the medical process had already been completed.

Relevant Law

• Under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, surrogacy eligibility requires:
  • Woman: between 23 and 50 years
  • Man: between 26 and 55 years
• Petitioners argued these limits should not invalidate cases where embryo creation and freezing occurred prior to the law’s enforcement date.

Implications

• The verdict reinforces protection for couples who had undertaken surrogacy-related medical procedures before legislative changes.
• It underscores the judiciary’s stance on safeguarding personal reproductive choice against retrospective restrictions.

(Source: TH)