Surrogacy Age Limit; Embryos Freezing Before 2022 | Supreme Court If embryos are frozen before 2022, then exemption from surrogacy law: Supreme Court said – Government cannot decide who will become parents.

Actually, this entire matter is related to the Surrogacy Act 2021, which came into force in January 2022.

The Supreme Court, while giving its verdict on a petition on Thursday, said that if the woman has frozen the embryos (fertilized eggs) before 2022, then she can get exemption from the age limit under the Surrogacy Act.

Justice BV Nagarathna and Justice KV Vishwanathan also reprimanded the government for citing increasing age as a cause for concern. The court said- The government cannot decide who can become a parent. Because there is no age limit even in natural process.

Actually, this entire matter is related to the Surrogacy Act 2021, which came into force in January 2022. According to the law, only men whose age is between 26-55 years and women whose age is between 23-50 years will be allowed to do surrogacy.

Many petitions were filed against this law. The lead petitioner is Chennai-based infertility specialist Dr Arun Muthuvel, who had also filed the petition against the ban on commercial surrogacy under the law.

Supreme Court’s decision…in 4 points

• Before the law was enacted, there was no legal age limit when couples froze their embryos. Therefore, they already had the right to surrogacy. In such a situation, the new law cannot be applied to previous cases.
• Surrogacy begins when the couple’s gametes (sperm and eggs) have been extracted and embryos have been prepared and frozen. After this the couple’s work is completed. The further process is related only to the surrogate mother.
• The court also rejected the government’s argument that elderly parents would not be able to take care of the children. Therefore age limit is necessary. On this the court said that the government cannot decide who is eligible to become a parent and who is not.
• It is not appropriate to question parenting ability. The law also recognizes the freedom to reproduce. Age-related concerns are a matter for the legislature, but cannot be applied to past cases.

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