The Supreme Court has ruled that the age restrictions under the Surrogacy (Regulation) Act will not apply to married couples who commenced the surrogacy procedure by creating and freezing embryos before the Act came into force in January 2022.

A bench of Justices BV Nagarathna and KV Vishwanathan reasoned that when intending couples had commenced the surrogacy procedure prior to the enforcement of the Act, their constitutional right to have a surrogate child cannot be frustrated by giving a retrospective effect to the law.

“The intending couples have a constitutional right which was unfettered when they commenced the process of surrogacy. The same can be curtailed only by reasonable restrictions and by not interpreting the Act unfairly, so as to completely curtail their constitutional ri

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