Supreme Court expresses concerns over surrogacy age limits, cites challenges of parenting in 60s

The Supreme Court voiced concerns on Tuesday over petitions under the Surrogacy Act, 2021 from individuals exceeding the prescribed age limit for having a child through surrogacy. 

Justices BV Nagarathna and Ujjal Bhuyan reviewed pleas challenging surrogacy age limits under the 2021 Act which is 23-50 for women, and 26-55 for men. 

Justice Nagarathna expressed concern over individuals in their 60s wanting children, highlighting the challenges of parenting at that age. She emphasized the difficulty in monitoring an active child and underscored the responsibility of contemplating a child's rights, emphasizing that while bringing a child into the world is simple, raising and educating them demands careful consideration, even more so in the later stages of life. She noted, "Challenges hold intent," while the petitioner's counsel emphasized the desperate need for a child in someone’s life. 

A recent March 2023 amendment to Form 2 and Rule 7 of the Act concerned contradicts the Supreme Court's prior stance on gestational surrogacy. The amendment prohibits donor eggs for intending couples, conflicting with Rule 14(a) of the same act. 

Petitioners challenge the amendment's alignment with Rule 14(a), as it now mandates both gametes from intending couples, excluding donor eggs. Single women face additional scrutiny, compelled to use self-eggs and donor sperm, sparking further controversy.