Age Bar In Surrogacy Act Won't Apply To Couples Who Started Surrogacy Process Before Law Came Into Force: Supreme Court

The Supreme Court addressed transitional questions arising from the Surrogacy (Regulation) Act’s age-related eligibility criteria and whether couples who had already embarked on the surrogacy process before the statute’s commencement could be subjected to the new age bar. Applying principles of prospectivity, the Court held that couples who had initiated lawful steps before the Act came into force should not be retrospectively penalised. The judgment protects legitimate reliance interests, avoids disruption of pending reproductive arrangements, and guides application of new regulatory standards to ongoing cases.