Thursday, April 23, 2026
Latest:
2025LatestLegalOctober 2025Supreme Court

Age Bar in Surrogacy Act Not Retrospective – Supreme Court Upholds Reproductive Rights

legaldeli

 

In 2020, the petitioners were advised to opt for surrogacy due to advanced age, excessive bleeding during earlier pregnancies and other issues.

 

On 28.8.2020, the first attempt at “egg retrieval” had failed.   Second attempt on 26.1.2021 was successful.  However, the transfer of embryo into surrogate womb was stalled due to pandemic.

 

Surrogacy Act, 2021, came into force on 25.1.2022.    Section 4 regulates surrogacy procedures. Sub-clause (I) of Clause [c] of Section 4(iii) provides for the age limit that the intending couple are married and between the age of 23 to 50 years in case of female and 26 to 55 years in case of male on the date of certification.

 

On 3.2.2024, the second opinion was taken that the couple needs surrogacy. However, it was noted that the law does not permit surrogacy due to age.

Judgment dated 9.10.2025 of the Supreme Court of India in Writ Petition (Civil) No.331 of 2024 of Vijaya Kumari S and another   Vs.   Union of India with connected matters.

 

You May Also Like

Competition Commission of India – Salutary proposed changes to General Regulations

legaldeli

Insurance – Repudiation of claim for damage to the Mercedes Car

legaldeli

Tender – CIDCO Plot – Demanding higher price after acceptance of lower price bid

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree