Supreme Court Examines Surrogacy Law Age Limit

Why in the News?

The Supreme Court has reserved judgment in cases challenging the age cap under the Surrogacy (Regulation) Act, 2021, particularly by couples who began medical procedures before the Act was enforced, arguing it violates Articles 14 and 21.

Legal Controversy: Retrospective Application of Age Limit

• Couples had begun surrogacy procedures before 2021, but crossed age limits by the time the law came into effect.
• Petitioners argue the retrospective application is unjust, especially with no transitional (grandfather) clause.
• One case involves a couple aged 62 and 56 who lost their only child in 2018.
• The Supreme Court questioned why older couples opting for surrogacy face legal obstacles when natural geriatric pregnancies are permitted.
• Petitioners claim the law disregards their reproductive autonomy and lacks reasonable classification, violating Articles 14 and 21.

Ethical and Constitutional Concerns

• Petitioners argue the law fails genuine intending parents by blocking access despite medical urgency.
• Justice Nagarathna observed that the Act aims to curb commercial surrogacy, not deny parenthood.
• ASG defended age caps as being based on medical safety and aligning with natural reproductive timelines.
• Absence of transition provisions in the law disproportionately affects ongoing cases from the COVID-era backlog.