The SC held that the statutory age restrictions under the Surrogacy (Regulation) Act, 2021, will not apply retrospectively to couples who had already begun the surrogacy process before the law's commencement on January 25, 2022.
- The exemption also covers cases where embryos were created and frozen before the commencement of the Act.
- The Court also affirmed that the right to reproductive choice, including surrogacy, is an integral part of personal liberty & privacy under Article 21 of the Constitution.
About the Surrogacy (Regulation) Act, 2021
- Objective: To regulate surrogacy procedures in India, prevent exploitation, and promote ethical, altruistic surrogacy.
- Key Provisions:
- The Act permits only altruistic surrogacy, while commercial surrogacy is strictly prohibited and punishable.
- Eligibility for intending couples:
- Married Indian couples; wife aged 23–50 years, husband aged 26–55 years.
- No surviving biological or adopted child.
- Eligibility for surrogate mother: A married woman with at least one child of her own, aged 25–35 years.
- Right of Surrogate child: Child is deemed the biological child of the intending couple, with all rights and privileges of a natural child.
