Bench Rebukes Government: “State Cannot Dictate Parenthood When Nature Sets No Age Limits”
The Supreme Court ruled Thursday that age restrictions under the Surrogacy (Regulation) Act, 2021, cannot be retrospectively applied to couples who initiated surrogacy procedures before the law’s enactment. Women who froze embryos prior to January 2022 will be exempt from the legislation’s age limitations.
Justices BV Nagaratna and KV Vishwanathan sharply criticized the government for raising age-related concerns, asserting that the state cannot determine who qualifies for parenthood when natural reproduction imposes no such boundaries.
The ruling addresses challenges to the Surrogacy Act 2021, effective January 2022, which restricts surrogacy eligibility to men aged 26-55 and women aged 23-50. Multiple petitions contested these provisions, led by Chennai-based infertility specialist Dr. Arun Muthuvel, who also sought to overturn the commercial surrogacy ban.
The court questioned the logic of age restrictions, noting the Hindu Marriage Act permits adoption by parents aged 50-60 without upper limits. After months of hearings, the court reserved judgment in July 2025 before delivering this landmark decision.
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