age limit under Surrogacy Act
Case BriefsSupreme Court

Before 25-1-2022, there were no binding laws regarding age restrictions on intending couples wishing to avail surrogacy. Therefore, for couples above the age limits under the Surrogacy (Regulation) Act, 2021, the right to surrogacy was not conditional on their age and was freely available to intending couples.

Kerala High Court
Case BriefsHigh Courts

Similar restrictions are for male aged between 26 to 55. It is reasonable to presume that the legislature has imposed these age restrictions, considering the normal age that women conceive a biological child.

Karnataka High Court
Case BriefsHigh Courts

The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.