Retrospective application of surrogacy age limits violates reproductive autonomy, rules Supreme Court
The Supreme Court has ruled that the age limits introduced by the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively to couples who had already initiated the surrogacy process before the law's enactment. The Act stipulates that an intending woman must be aged 23-50 and the man 26-55. The Court held that applying these limits to couples with previously frozen embryos violates their reproductive autonomy. The ruling emphasizes that the law should not unfairly disqualify those who have already undergone medical procedures based on the legal framework existing at the time of initiation.
Key Points
- The Surrogacy (Regulation) Act, 2021, came into force on January 25, 2022.
- Reproductive choice is recognized as a fundamental right that cannot be restricted retrospectively.
- The exemption applies to cases where embryos were created and frozen before the commencement of the Act.
- The Court clarified it was not questioning the wisdom of Parliament in setting age limits, only their retrospective application.
Exam Facts
- Surrogacy (Regulation) Act, 2021.
- Age limits: Woman (23-50 years), Man (26-55 years).
- Act enforcement date: January 25, 2022.
- Bench: Justices B.V. Nagarathna and K.V. Viswanathan.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.