Surrogacy (Regulation) Act 2021 Archives

Age limit under Surrogacy Act not applicable to couples who froze embryos prior to commencement of law: Supreme 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.

Case Briefs High Courts

Female can have a surrogate child only after 23 years of age and before completing 50 years: Kerala HC clarifies Section 4(c) of Surrogacy Act

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.

Case Briefs High Courts

Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test

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.