Published on : 09 Oct 2025, 6:37 am 3 min read

The Supreme Court on Thursday ruled that restrictions imposed by the Surrogacy (Regulation) Act, 2021 on the age limits of couples who choose to become parents through surrogacy, will not apply to couples who started the surrogacy process before the Act came into force in January 2022.

A Bench of Justices BV Nagarathna and KV Viswanathan passed the ruling on petitions by three couples who had crossed the upper age limit specified in the Surrogacy Act (50 for female and 55 for males) but who had begun the process of surrogacy (by freezing embryos, transferring it the womb etc) before the 2021 law was enacted.

" We have held that if the surrogacy process has begun before the Act and they had frozen embryos or were in the process

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