Archive · 1 Aug 2025
Supreme Court Reviews Surrogacy Age Limits
The Supreme Court is deciding if new surrogacy laws are fair to couples who started the process before the laws changed.
These laws set age limits for parents: women 23-50, men 26-55, and single women 35-45.
Some couples, who are now too old, started surrogacy before these rules.
They argue the rules are unfair because they started before the law, and also violate their rights.
The government says the age limits protect the health of both the mother and the child, and align with standard reproductive health guidelines.
The court is questioning if it's right to stop older couples when natural geriatric pregnancies are not outlawed.
Supreme Court reserved verdict on age limits for surrogacy under the Surrogacy Act of 2021.
The law sets age limits: 23-50 for women, 26-55 for men, and 35-45 for single women.
Petitions challenge the law's retrospective application to couples who began surrogacy before the law.
Petitioners argue age limits violate constitutional rights to equality and reproductive autonomy.
The government defends age limits, citing medical safety and alignment with reproductive health practices.
- Who
- Couples challenging the age limits and the government defending them.
- What
- Supreme Court case concerning age limits in surrogacy law.
- When
- The Supreme Court reserved its verdict this week.
- Where
- Supreme Court
- Why
- To determine if the age restrictions in the Surrogacy Act of 2021 are constitutional and fair to couples who started the surrogacy process before the law was enacted.
Petitioners' Perspective
Government's Perspective
Retrospective Application of Age Limits
Petitioners' Perspective
The age limits in the Surrogacy Act should not apply retrospectively.
Government's Perspective
The law is valid and the age limits should apply to all.
Constitutional Rights and Discrimination
Petitioners' Perspective
The age limits discriminate against older couples, violating their constitutional rights.
Government's Perspective
Age limits are necessary for medical safety and well-being of the child.
- Law in question
- Surrogacy (Regulation) Act, 2021
- Age limit (women)
- 23-50 years
- Age limit (men)
- 26-55 years
- Age limit (single women)
- 35-45 years
- Legal challenge
- Retrospective application, violation of rights
- Government's defense
- Medical safety and alignment with medical practices