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Age Bar in Surrogacy Act Not Applicable to Couples Who Preserved Embryos Before the Law Came Into Force: Supreme Court

10 Oct 2025 4 min read
Age Bar in Surrogacy Act Not Applicable to Couples Who Preserved Embryos Before the Law Came Into Force: Supreme Court

In a significant judgment delivered on October 9, 2025, the Supreme Court of India clarified that couples who had commenced the surrogacy process before the enforcement of the Surrogacy (Regulation) Act, 2021, will not be subjected to the age restrictions laid down in Section 4(iii)(c)(I) of the Act. This provision mandates that a woman must be between 23 to 50 years and a man between 26 to 55 years to…

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