Surrogacy (Regulation) Act, 2021
Section 4 (iii) (c) (l)—Age restrictions—Effect—Individuals who had already initiated or undergoing ART process, in accordance with prevailing laws, cannot be disqualified due to age restrictions under Section 4 (iii) (c) (l) of the Surrogacy (Regulation) Act—Embryos were created through the fertilization of gametes that were recovered and frozen when the petitioner’s age were well below the age limit introduced under the impugned provision—Impugned provision cannot be applied retrospectively—Petitioner are allowed to continue with their treatment through gestational surrogacy.
[Paras 12 & 15]