Surrogacy Act Does Not Affect Rights Vested In Couples Who Froze Embryos Before Law Took Effect : Justice Viswanathan's Concurring Judgment

Hon'ble Supreme Court’s conclusion — in a concurring opinion by Justice K.V. Viswanathan — that the Surrogacy (Regulation) Act, 2021 cannot retrospectively divest vested rights of couples who had completed fertilisation and frozen embryos before the Act came into force on 25 January 2022. The judgment explains the distinction between vested rights and contingent hopes, holding that once fertilisation was completed prior to the statutory cut-off, an intending couple had a legally recognised entitlement that could not be invalidated by the Act’s later-imposed age limits. The Court’s analysis highlights principles of non-retrospectivity, vested rights, and transitional protection, ensuring that lawful reproductive choices made before the Act remain protected.