Supreme Court Reserves Order on Surrogacy Age Limit for Couples Who Froze Embryos Before 2021 Law

The Supreme Court has reserved its order on whether couples who froze embryos before the Surrogacy Act, 2021, came into force on January 25, 2025, can proceed with surrogacy despite being over the age limit.

A bench of Justices BV Nagarathna and KV Viswanathan questioned the logic of applying the Act retroactively, pointing out that the law is silent on such cases.

The government opposed the plea, citing medical and welfare concerns.

But the Court stressed that the Act’s object is to prevent commercial surrogacy, not to deny genuine intending parents the chance to have children.

[Arun Muthuvel v. Union of India and connected cases]