The Supreme Court, in its review of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022, emphasised that decisions will be made considering the specific circumstances of each case. Previously, the Court had identified key constitutional questions about the Act, including the ban on commercial surrogacy, age restrictions for married couples and single women, limitations for couples with surviving children, and rights for those who began surrogacy procedures before the Act’s enactment.
A bench comprising Justices BV Nagarathna and Nongmeikapam Kotiswar Singh recently heard a plea from a 52-year-old woman, childless from her second marriage, which specifically pertained to age restrictions for surrogacy. Justice Nagarathna noted that cases must be judged individually and expressed that without examining the particular details of each situation, it is challenging to make broad constitutional rulings.
During the hearing, Advocate Mohini Priya argued that the Act applies prospectively and that even couples with frozen embryos face difficulties due to the Act’s stringent rules. Justice Nagarathna highlighted that natural conception at an advanced age is unlikely and reiterated the importance of assessing the legislative intent behind age restrictions.
The Court, recognizing the health and socio-economic arguments for older couples raising children, nonetheless maintained that rules cannot be invalidated in abstract. It has requested a detailed factual background for each petitioner and scheduled the next hearing for September 10.
