The Supreme Court reviewed the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022. Supreme court to review the act emphasised that decisions will be made considering the specific circumstances of each case. Previously, the Court had identified key constitutional questions about the Act. The act includes the ban on commercial surrogacy and 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.
The bench comprised Justices BV Nagarathna and Nongmeikapam Kotiswar Singh. They recently heard a plea from a 52-year-old woman, childless from her second marriage. She 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. 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. He 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.
