Supreme Court To Hear Petitions Challenging Upper-Age Limit In Surrogacy Laws On February 11

The Supreme Court in the case Arun Muthuvel Versus Union Of India And Ors and others is set to hear the petitions filed challenging the Surrogacy (Regulation) Act, 2021 and Surrogacy (Regulation) Rules, 2022 on the specific issue which relates to specific issue of upper-age limited and cases where the surrogacy process has already commenced for interim relief.

Under the Surrogacy (Regulation) Act, 2021, the age prescribed for the woman is 23 to 50 years and the age prescribed for the man is 26 to 55 years.

The Union of India has asked for filing the written submissions.

The bench comprising of Justice B.V. Nagarathna and Justice Satish Chandra Sharma was hearing the present matter.

The bench in the case passed the order after hearing the issues briefly.

The court was also informed that prior to the enforcement of the 2021 Act, there were cases where the intending couple had already initiated the surrogacy process.

They will be at a loss if the matter is not heard soon.

It was also stated before the court that there are judgments of the high courts which have interpreted the provisions of the 2021 Act as prospective and therefore, given the benefit to those couples that had initiated the process.

On the other hand, the other side opposed the petition filed stating that any benefits which being contrary to the provisions cannot be granted.