Age Ressionation for SC questions | Bharat News

New Delhi: Questioning restrictions under surrogacy laws, including age limit on intended parents and surrogate mothers, the Supreme Court said on Tuesday that laws should not disappoint childless couples, widows and divorce desire so that parents can become parents through surrogacy. Instead, laws should disappoint commercial surrogacy. A bench of Justice Biwi Nagrathana and KV Vishwanathan said that the current law seems to be “rigid” to those who want to take the surrogacy route for paternity. The bench is investigating the provisions of the Surrogacy (Regulation) Act, 2021 and Assisted Breeding Technology (Regulation) Act, 2021.Laws determine the age limit for the intended parents and surrogate mothers. An intended mother should be the age between 23 and 50, and the desired father between 26 and 55 years old. In addition, a surrogate mother should be married and between the ages of 25 and 35, there is a biological child, and only acts as a surrogate once in her lifetime. If couples can adopt the 60s in their 50s, why they cannot have surrogate child, asks SC Laws allow single women (widows or divorced) to carry forward surrogacy between the ages of 35 and 45 years. Looking at the government, Additional Solicitor General (ASG) Aishwarya Bhati defended the provisions, saying that age bar was needed to ensure the welfare of a child and to prevent commercial surrogacy. He said that boundaries were also determined keeping in mind the genetic quality of the couples and urged the court to avoid passing an interim order. However, the bench said that there was a decrease in provision in rationality and asked why a single woman could not go for surrogacy. The bench said, “If he is a widow or divorced, he needs more. Look at the zero in his life … rationality and objects are absent. See how hard it is,” the bench saw. It said that if they can adopt a couple in their 50s and 60s, then why they cannot have a surrogate child.SC reserved its order on a petition of three petitioners, demanding its approval to go for surrogacy as they are of the age group. He said that the laws were implemented in 2022, but they started the process long ago as they had their fetus in 2012 and 2016, and should be allowed to pursue them. Bhati argued that there were many reasons for the fetus to freeze, and it could not only be for surrogacy.The ASG presented, “Crystallization of rights occurs on the implantation of the fetus in the uterus and not only on the cold of the fetus.” He said that there are a large number of embryos that were frozen earlier, but they cannot claim exemption from law. Subsequently, the court reserved its order on the petition, but indicated that it would protect only those who started the procedure before the law came into force.In one of the cases, the wife is 58 years old and the husband is 64. In the second case, the wife is 53 and the husband is 56 years old. Many petitions have been filed to challenge various provisions of acts. One of the petitioners presented that the laws were discriminatory as it had stopped the same woman from surrogacy.“The restrictions are completely discriminatory and the said restriction is not only violating the fundamental rights of the petitioner as a rational or reason behind it, but is also violating the basic human rights of a person, which has been found to be recognized by the United Nations and the reproductive rights, recognized as an aspect of individual liberties under Article 21.