SC Upholds Reproductive Autonomy in Surrogacy Cases

On 9th October 2025, in a significant verdict, Supreme Court (SC) ruled that the age limits under the Surrogacy (Regulation) Act, 2021, cannot apply retrospectively to couples who began the surrogacy process before the law took effect in January 2022.

Case Background

  • Petitions: Filed by three couples who had undergone IVF and frozen embryos before Jan 25, 2022, when the Surrogacy Act came into effect.
  • Issue: They became ineligible under Section 4(iii)(c)(I) (age limits: women 23–50, men 26–55).
  • Argument: Since embryos were created pre-2022, the process was already initiated and could not be retrospectively invalidated.

Key Takeaways from the Ruling

  • Reproductive ....
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