The age limits in the Act
The Surrogacy (Regulation) Act, 2021 sets age limits for everyone involved. These apply to all new applications.
| Person | Age allowed |
|---|---|
| Intending wife | 23 to 50 years |
| Intending husband | 26 to 55 years |
| Intending woman (widow or divorcee) | 35 to 45 years |
| Surrogate mother | 25 to 35 years |
Both partners in a couple must be within their limits. One partner being within range is not enough.
What the Supreme Court decided
On 9 October 2025, the Supreme Court decided Arun Muthuvel v. Union of India. The case concerned couples who had started surrogacy before the Act came into force.
The Court held that the age bar does not apply to couples who had already begun, with embryos frozen, before the Act came into force. For them, the later age limits do not block the process.
What the ruling did not do
This point is easy to misread, so it is worth stating plainly. Parliament's age limits themselves were not struck down.
- The limits of 23 to 50 for the wife and 26 to 55 for the husband still apply to new cases.
- The ruling does not open surrogacy to older couples in general.
- It does not change any other eligibility condition, such as the need for a medical indication.
Who may benefit
The ruling helps a specific group. These are couples whose embryos were already frozen as part of a process begun before the Act came into force.
If you think you may be in this group, gather proof of when treatment began and when embryos were frozen. Clinic records, consent forms and embryology notes are the usual documents. Take legal advice on how the ruling applies to your facts.
A related ruling on the ART Act
A similar question has come up under the ART (Regulation) Act, 2021. That Act allows ART services to women above 21 and below 50, and men above 21 and below 55.
On 25 May 2026, the Delhi High Court held that this ART age limit applies when treatment starts. So a couple can continue with embryos frozen during treatment begun earlier. This is a separate law and a separate ruling from the Supreme Court case.
All other conditions still apply
Even a couple covered by the ruling must meet the rest of the law. Age is only one part of eligibility.
- Medical indicationCertified by a District Medical Board under the conditions listed in Rule 14 of the Surrogacy Rules, 2022.
- Essentiality certificateIssued by the appropriate authority over that board.
- Altruistic arrangementOnly medical and prescribed expenses, plus 36 months of insurance for the surrogate.
- Court orderA Magistrate's court passes the parentage and custody order.
See the surrogacy law in India page for the wider legal framework.
If you are close to the age limit
Couples near the upper limit should not delay. Certificates are valid for one year, and the process takes time.
Start by checking eligibility on our surrogacy eligibility page. Then share your reports with a doctor who handles surrogacy cases. Consult your doctor and a lawyer about timing before committing to costs.
Why the timing question arose
Many couples had begun IVF and frozen embryos before the Act came into force. Some were within the old norms but outside the new age limits.
For them, the new limits meant embryos created earlier could not be used. The Supreme Court ruling addressed this situation for couples who had already begun the process.
Documents that show when you began
If you rely on the ruling, dates are everything. Collect records that show when treatment started and when embryos were frozen.
- First consultation and treatment records from the clinic
- Signed consent forms with dates
- Embryology report showing the freezing date
- Storage records and renewal receipts
- Identity and age proof for both partners
Ask the clinic holding your embryos for certified copies. Keep originals safe and share copies only as needed.
How ages are usually checked
Ages are checked against official documents for both partners. Make sure names and dates of birth match across all of them.
Mismatches between documents can delay an application. Correct any errors before you apply, as fixing them later takes time.
Where age fits among the other rules
Couples sometimes focus only on age and miss other conditions. Being within the age range does not by itself make a couple eligible.
The medical indication and the rule on surviving children are just as important. Our post on who can do surrogacy in India covers all of them together.
Age limits for the surrogate
The ruling concerned the intending couple. The surrogate's own age range of 25 to 35 is a separate condition.
She must also be ever-married with a child of her own, and can act as a surrogate only once. Check these conditions early, since finding a suitable surrogate takes time.
Check before you rely on it
Court rulings apply to particular facts. Do not assume the October 2025 ruling covers you without checking your own dates and records.