Applicability of the Surrogacy Act - Retroactive or Not?
Author: Healthcare Practice Team
Supreme Court reserved decision in Arun Muthuvel v. Union of India on whether pre-Act embryo-freezing cases are exempt from new age limits.
In the case of Arun Muthuvel vs. Union of India, the Supreme Court has reserved its decision on whether a couple that froze embryos before the Surrogacy (Regulation) Act, 2021, came into effect on 25 January 2022, can continue the surrogacy process even if they now fall outside the Act’s upper age limits. As per the Act, the intended mother must be between 23 and 50 years, and the intended father between 26 and 55 years. A bench comprising Justices B.V. Nagarathna and K.V. Viswanathan is hearing these petitions, originating from couples who initiated surrogacy procedures before the law took effect. The Court noted that the legislation remains silent on such pre-existing cases, creating a legal void rather than an explicit bar. As of now, the Supreme Court has not yet issued its final ruling on the case.
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