In a pivotal ruling that balances reproductive rights with statutory regulations, the Supreme Court of India has held that the age restrictions under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021, do not apply retrospectively to intending couples who initiated the surrogacy process before the Act’s enforcement on January 25, 2022. The judgment, delivered on October 9, 2025, addresses challenges from couples who had begun procedures like embryo creation and freezing prior to the law, only to face barriers due to crossing the prescribed age limits (23-50 for women, 26-55 for men). The court emphasized that such restrictions cannot derail ongoing processes, invoking principles of vested rights, non-retroactivity, and Article 21’s guarantee of reproductive autonomy.
The decision draws on precedents like Anushka Rengunthwar (2023) and Universal Imports Agency (1961), where saving clauses protected actions taken under prior regimes. Justice B. Nagarathna, authoring the main opinion, noted that while the Act aims to prevent exploitation and ensure child welfare, its transitional provision (Section 53) must be interpreted to avoid injustice. For couples at advanced stages—such as embryo storage—the age bar is inapplicable, provided they meet other criteria like medical certification and altruistic surrogacy norms. Justice K.V. Viswanathan concurred, underscoring the need to prevent “retroactive” denial of rights accrued before the Act.
This verdict provides relief to petitioners like Vijaya Kumari S. (aged 51) and Urvashi (aged 51), who argued that the sudden imposition disrupted their family-building plans. The court directed competent authorities to issue eligibility certificates without applying the age restriction in such transitional cases, while clarifying that post-Act initiations remain bound by the limits. Legal experts view this as a progressive step, reinforcing that laws should not penalize good-faith actions under previous frameworks. It may pave the way for similar relaxations in assisted reproductive technologies (ART) cases.
The ruling reaffirms the judiciary’s role in harmonizing statutory intent with constitutional rights, potentially reducing litigation in surrogacy matters. However, the court upheld the Act’s overall validity, stressing its goals of regulating commercial surrogacy and protecting surrogate mothers.
Case Details:
• Case Title: Vijaya Kumari S & Another vs. Union of India (and connected matters)
• Citation: 2025 INSC 1209
• Court: Supreme Court of India (Civil Original Jurisdiction)
• Petition Numbers: Writ Petition (Civil) No. 331 of 2024; Writ Petition (Civil) No. 809 of 2024; I.A. No. 181569 of 2022 in Writ Petition (Civil) No. 756 of 2022
• Judges: Justice B. Nagarathna and Justice K.V. Viswanathan
• Date of Judgment: October 9, 2025
• Key Issue: Retrospective application of age restrictions under Section 4(iii)(c)(I) of the Surrogacy (Regulation) Act, 2021
• Outcome: Petitions allowed; age restrictions held inapplicable to transitional cases initiated before January 25, 2022.
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