According to a report by LiveLaw, the Supreme Court has decided that couples who frozen their embryos prior to the Surrogacy Regulation Act of 2021's implementation on January 25, 2022, will not be subject to the Act's age restriction.

According to a bench consisting of Justices BV Nagarathna and KV Viswanathan, these couples' entitlement to surrogacy was established when they frozen their embryos in accordance with the rules in force at the time, which did not impose an age restriction. According to the study, they highlighted that since this right is a component of both parenthood and reproductive autonomy, the Surrogacy Act's age restriction cannot be applied retroactively to these spouses.

According to LiveLaw, the court stated that it has not made a decision regarding the Act's age bar's legitimacy and has only examined how it applies to couples who started the process before the Act went into effect and were disqualified because of the age bar.

According to the Act, couples with a wife between the ages of 23 and 50 and a husband between the ages of 26 and 55 may pursue surrogacy. Three couples were involved in the case that led to this order. According to LiveLaw, the court ruled that any other spouses in a like circumstance ought to seek remedy from their respective high courts.