When the law blocks parenthood: What the SC observations on surrogacy mean for women

I have worked for over 35 years with many couples who are facing infertility, and I know how emotional the journey can be. That’s why I truly support the Supreme Court’s recent comments on the age limits in the Surrogacy (Regulation) Act, 2021. I’ve seen many women, including single, widowed, or divorced, who are ready in every way to become a mother but are stopped by the law just because of their age. This can feel very unfair and painful.

Every woman’s life is different, and some face delays because of personal loss, separation, or not finding the right time earlier. If a woman in her 40s is healthy and ready to raise a child then she should be allowed to choose surrogacy. Today, there are many medical treatments that are safe and advanced. Yes, rules are important, but they should also be practical and kind. Let’s now look at this topic in detail and understand what the Supreme Court’s observations mean.

Understanding the current surrogacy law

The Surrogacy (Regulation) Act, 2021, was to make surrogacy safer and to stop people from misusing it only for money. It allows only close relatives to become surrogates and only for helping without taking any money, except for the medical costs. The intention of the law is good but many feel that some rules are too strict and don’t match real situations.

Here are some points of the law, which include the following:

• Only altruistic surrogacy is allowed (no money except the medical expenses).
• Only Indian married couples can apply if they cannot have children on their own.
• Age limits: Women (23–50 years), Men (26–55 years).
• Single women can go for surrogacy only if they are widowed or divorced and within the age range.
• The surrogate must be a close relative of the couple and have given birth before.
• Commercial surrogacy (where the surrogate is paid) is completely banned.

What did the Supreme Court recently observe?

The Supreme Court recently questioned the strict age limits in the Surrogacy (Regulation) Act, 2021. The law allows women aged 23–50 and single women aged 35–45 to go for surrogacy. The Court asked if it’s fair to stop healthy and capable women based only on age, especially when adoption has no such limit. It also pointed out that couples who froze embryos before the law came into force should not be denied. The judges suggested the law should be more practical and allow exceptions in genuine cases.

Why should age be the only factor?

Not every woman gets the chance to become a mother at a young age. There are some who face health problems, late marriages, divorce, or the loss of a partner. There are many women in their 40s who are still healthy and ready to raise a child. But the current law stops them only because of their age, which feels a bit unfair.

Additionally, being a good parent is not just about age and it’s about love, care, health, and the ability to raise a child in a safe and happy home. Medical science has improved a lot, and doctors can safely guide women even at a later age. So, instead of only checking age, the law should look at a woman’s full situation before saying yes or no.

How can the law be made fairer?

The current surrogacy law has very strict rules, especially about age. But not every situation is the same. The law should be more flexible to make it fairer. Instead of only checking a woman’s age, the law should look at her full health, mental readiness, and personal situation. For example, if a woman is healthy and prepared to raise a child, then she should not be stopped just because she is a few years older than the age limit.

The law can also allow special cases, like women who had frozen embryos before the law started. A medical board can check each case carefully and give permission if everything is safe. This way, the law will still be strict enough to stop misuse, but kind and practical for those who genuinely want to become parents.

Final thoughts

After working with couples for over 35 years, I’ve seen how deeply personal the journey to parenthood is. There are many women, especially single, widowed, or divorced who are healthy and ready but the strict age limits under the Surrogacy (Regulation) Act, 2021 stop them. Every woman’s story is different, and age alone shouldn’t stop her from becoming a mother. Medical science is safe today, and we know that rules are important but they should also be kind and practical. The law must support real families and not stand in their way.