The Supreme Court ruled that the Surrogacy (Regulation) Act, 2021 cannot retrospectively disqualify couples who had already initiated the surrogacy process before its enforcement on January 25, 2022.

Background of the Case

• The petitions challenged Section 4(iii)(c)(I) of the Surrogacy Regulation Act, 2021, which limits eligibility to women aged 23–50 and men aged 26–55.
• The couples had completed embryo freezing before 2022 and argued that retrospective application unfairly curtailed their reproductive autonomy.

Supreme Court’s Observations

• Reproductive Autonomy: The Court held that reproductive autonomy is part of the right to life and personal liberty under Article 21 of the Constitution.

• • The Bench noted there were no age limits for adoption under personal laws and questioned differential treatment for assisted reproduction.
  • The Court referred to Suchita Srivastava v. Chandigarh Administration (2009), reiterating that reproductive choice is a protected constitutional right.
• Non-Retrospective Application: The age limit cannot apply retrospectively to those who began surrogacy before 2022. The exemption covers cases where embryos were frozen before the law, even if implantation occurred later.
  • Couples had acted within the then-prevailing legal framework; thus, denying them now would violate fairness and due process.
• Parity Principle: The Court emphasized that couples using assisted reproduction should be treated on par with those conceiving naturally.
• Freedom and Reasonable Restrictions: The right to surrogacy, like natural conception, can only be curtailed by reasonable restrictions, not by retrospective disqualification.
  • Concerns about parenting abilities or gamete quality cannot justify retrospective denial of reproductive choice.

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Significance of the Judgment

• Affirms Reproductive Rights: Strengthens the jurisprudence of reproductive autonomy under Article 21.
• Limits Legislative Overreach: Prevents retrospective application of restrictive reproductive laws.
• Equality & Fairness: Recognizes that assisted conception deserves the same respect as natural conception.
• Protects Ongoing Surrogacy Cases: Couples who froze embryos before the law’s enforcement retain their rights to proceed.

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