The Supreme Court, in a significant ruling on Thursday, held that the age restrictions stipulated in the Surrogacy (Regulation) Act, 2021, cannot be applied retrospectively to intending parents who had initiated the surrogacy process before the law was enacted.

A bench comprising Justice BV Nagarathna and Justice KV Viswanathan delivered the verdict, providing relief to numerous couples who had preserved embryos with the hope of parenthood but were later barred by the upper age limits introduced by the new legislation. The court declared that the rights of these couples were established at the moment they began the process, and a subsequent law could not extinguish those vested rights.

Background of the Case

The case arose from a series of petitions filed by couples who were impacted

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