The Supreme Court on Thursday said that the age limits under the Surrogacy Act, 2021, will not apply to couples who had started the surrogacy process before January 25, 2022.

Justice BV Nagarathna, delivering the verdict, explained that before the 2021 Act, there were no legal age limits for couples seeking surrogacy. Many couples had already frozen embryos or taken other steps showing their intention to pursue surrogacy when the new law was enacted. The court recognized that applying the age limits retroactively would violate the rights of these couples, including their parental autonomy.

The Supreme Court clarified that if the embryo transfer to a surrogate mother or the freezing of an embryo happened before the 2021 Act took effect, the age restrictions will not apply. Similarly, couples who froze gametes or embryos before the law came into effect are also exempt from these age limits.

The court also acknowledged delays caused by the Covid-19 pandemic, noting that such delays should not be used as a reason to deny intending parents the right to continue with surrogacy.

It is important to note that the court did not rule on whether the age limits themselves are valid or not. The judgment only addresses their non-retrospective application for couples who had already started the surrogacy process before the law was introduced.

The bench emphasized the need to balance the purpose of the age restrictions with protecting the rights of couples already engaged in surrogacy procedures. Justice R Mahadevan highlighted that the “vested rights” of these intending parents must be respected, ensuring that their plans and efforts taken before the Act are not unfairly affected.

Overall, the Supreme Court’s ruling ensures that couples who had already begun the surrogacy process before January 25, 2022, can continue without being restricted by the new age limits, protecting their rights and acknowledging the steps they had already taken under the previous legal framework.