Case Law Analysis
|Calcutta High Court
Article 21 | Age Excess After Embryo Cryopreservation Does Not Invalidate Surrogacy Eligibility Under ART Act, 2021 : Calcutta HC
The Calcutta High Court has ruled that couples who meet statutory age limits at the time of embryo cryopreservation retain surrogacy eligibility even if they exceed age caps by the time surrogacy is pursued. This affirms reproductive autonomy as a constitutional right under Article 21 and prevents arbitrary disqualification based on temporal delays beyond the couple’s control.