Surrogacy Age Limit: The Supreme Court has given relief to elderly couples by giving a major decision on the surrogacy law. Couples who started the surrogacy process before 2021 will be able to continue surrogacy even after crossing the new age limit.
The Supreme Court has given relief to elderly couples by giving an important decision on the surrogacy law. Those couples who had started the surrogacy process before the implementation of the Surrogacy Law (Surrogacy Regulation Act, 2021) can now continue the process despite crossing the new age limit. Let us tell you that according to the law, for surrogacy, the age of the woman should be between 23 to 50 years and the age of the man should be between 26 to 55 years. Whereas the age limit was not determined before the law came into force. Know what decision the Supreme Court gave regarding surrogacy age limit.
New rule will not apply to people who have frozen embryos
Justice B.V. Nagarathna and Justice K.V. Vishwanathan’s bench has said that no new age limit will be applicable for those who had done embryo freezing before the implementation of the law. The age limit given in the Act will not be applied retrospectively in these cases. The legal provision prescribed for fixing the age limit will not in any way affect the earlier cases. The Supreme Court also made it clear that the applicable rules are for those who have taken the decision of surrogacy after the law came into force.
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No one will decide the age of becoming a parent
The Supreme Court also made it clear that even an elderly couple can raise a child properly. The central government had argued that elderly couples were not suitable to raise a child, which was rejected by the court. It was said in the court that no state can decide whether the couple is fit to become parents or not. When there is no restriction on the age limit of couples conceiving naturally, how can one decide on surrogacy.
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