Surrogacy Age Limit: The Supreme Court has issued a major ruling on the surrogacy law, providing relief to older couples. Couples who began the surrogacy process before 2021 will be able to continue surrogacy even after crossing the new age limit.

The Supreme Court has given relief to elderly couples by giving an important decision on the surrogacy law. Those couples who had started the surrogacy process before the Surrogacy Regulation Act, 2021 came into force, can now continue this process even after crossing the new age limit. Let us tell you that according to the law, the age of the woman for surrogacy should be between 23 to 50 years and the age of the man should be between 26 to 55 years. Whereas before the law came into force, the age limit was not fixed. Know what decision the Supreme Court gave regarding the surrogacy age limit.

The new rule will not apply to those who have frozen embryos.

A bench of Justices B.V. Nagarathna and K.V. Viswanathan stated that no new age limit will apply to those who opted for embryo freezing before the law came into force. The age limit provided in the Act will not be applied retrospectively in these cases. The legal provision setting the age limit will not affect earlier cases in any way. The Supreme Court also clarified that the applicable rules apply to those who opted for surrogacy after the law came into force.

No one will decide the age of becoming a parent.

The Supreme Court also made it clear that even elderly couples can raise a child properly. The central government had argued that elderly couples were unfit to raise a child, an argument the court rejected. The court stated that no state can determine whether a couple is capable of becoming parents. When there are no age restrictions for couples conceiving naturally, how can there be any restrictions for surrogacy?

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