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Surrogacy Allowed Despite Wife Crossing Age Limit; 2021 Law Cannot Be Applied Retrospectively: Allahabad High Court

15 Jul 2026 3 min read
Surrogacy Allowed Despite Wife Crossing Age Limit; 2021 Law Cannot Be Applied Retrospectively: Allahabad High Court

The Allahabad High Court has ruled that the age restriction prescribed under Section 4(iii)(v)(c)(I) of the Surrogacy (Regulation) Act, 2021 cannot be applied retrospectively to couples who had already begun the surrogacy process by creating and freezing embryos before the Act came into force. The Court held that such couples cannot be denied the opportunity to pursue surrogacy merely because they crossed the statutory age limit after the law became…

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