no age limit for freezing embryo pre-surrogacy law: High court
LUCKNOW, July 15 -- The Allahabad high court has held that the age restriction under the Surrogacy (Regulation) Act, 2021, cannot be applied to couples who had created and frozen embryos before the law came into force.
A division bench of justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary, in its July 7 judgment on a petition filed by a Lucknow couple, ruled that retrospective application of the age limit would interfere with their reproductive autonomy, which forms part of the right to personal liberty under Article 21 of the Constitution.
"The rigid application of age restriction under Surrogacy act infringes the fundamental right of the reproductive autonomy," the court said. The act prescribes that the woman must be between 23 ...
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