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58m ago

Supreme Court Exempts Pre‑2022 Frozen‑Embryo Couples From Surrogacy Age Limits

The bench fixed commencement at the stage of gamete extraction with embryo freezing, directing similarly placed couples to seek relief in High Courts.

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The court held that in the three cases, the couples were in the last stage expected from the intended couple, as all remaining stages involved the surrogate mother. (Representative photo)

Overview

  • Justices B.V. Nagarathna and K.V. Viswanathan held that couples who froze embryos before January 25, 2022 may proceed with surrogacy despite exceeding statutory age caps.
  • The Court defined the relevant commencement point as the extraction of gametes and freezing of the embryo, with implantation being the next step involving the surrogate.
  • The Union’s bid for retrospective application was rejected, as the Court said parental suitability is not for the state to decide and noted there is no age bar for natural conception.
  • The ruling arose from three cases seeking eligibility certificates, with the Court limiting relief to pre‑Act situations and asking other similarly placed couples to approach their jurisdictional High Courts.
  • The judgment does not decide the broader challenges to the Surrogacy and ART laws, which include the age bar, eligibility restrictions, and the ban on commercial surrogacy; the Act sets ages of 23–50 for the wife and 26–55 for the husband.