The Supreme Court of India is currently reviewing the age restrictions stipulated in the country's surrogacy laws, raising questions about their fairness and potential impact on individuals seeking this reproductive option.

The Surrogacy (Regulation) Act of 2021 has set specific age limits for both intended parents and surrogate mothers. Under the law, intended mothers must be between 23 and 50 years of age, while intended fathers must be between 26 and 55 years of age. Surrogate mothers are required to be between 25 and 35 years old, married with at least one biological child, and can only act as a surrogate once in their lifetime. These restrictions have become a focal point of legal contention, prompting the Supreme Court to examine their validity.

Several petitions have been filed challenging the provisions of the Surrogacy Regulation Act and the Assisted Reproductive Technology (Regulation) Act, 2021. These petitions argue that the strict age limits and other conditions are discriminatory and exclusionary. Some petitioners highlight the challenges posed by the lack of adequate compensation mechanisms for surrogate mothers, noting that the current provisions only cover medical expenses and insurance, which may be insufficient.

The Supreme Court has acknowledged the importance of safeguarding the interests of surrogate mothers and has emphasized the need for a robust system to prevent exploitation, particularly given the prohibition of commercial surrogacy in India. The court has also suggested alternative mechanisms for compensating surrogate mothers, such as a designated authority for disbursing payments, rather than direct payments from the intending couples.

During a recent hearing, a Supreme Court bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma agreed to examine the issues surrounding the age bar for surrogate mothers and intended parents. The court has asked the Centre to file its written submissions in the case. The court's scrutiny extends to cases where individuals commenced the surrogacy process before the age restrictions were enforced, with the court questioning the retrospective application of the new rules. Justice Nagarathna observed that there was no prohibition on age when the process started.

The Supreme Court's examination of the age restrictions in India's surrogacy laws highlights the ongoing debate surrounding the ethical and legal considerations of assisted reproductive technologies. While the government aims to prevent exploitation and ensure ethical practices, petitioners argue that the current laws may be overly restrictive and discriminatory. The court's final decision could have significant implications for intended parents, surrogate mothers, and the future of surrogacy in India.