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No age bar for cases before Jan 25, 2022: SC
Orissa POST
|October 10, 2025
New Delhi, Oct 9: In a significant verdict, the Supreme Court Thursday said age restriction under the 2021 surrogacy law will not apply to intending couples who commenced the procedure, like freezing of embryos, before the law came into effect January 25, 2022.
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The top court dealt with a provision of the Surrogacy (Regulation) Act, 2021, which states that an intending couple requires an “eligibility certificate” certifying that they are married and between the age of 23 and 50 years in case of female, and between 26 and 55 years in case of male, on the day of certification.
A bench of Justices B V Nagarathna and K V Viswanathan noted that the Act came into force with effect from January 25, 2022.
It said before January 25, 2022, there were no binding laws or certifications regarding age restrictions on intending couples wishing to avail surrogacy.
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