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ART & Surrogacy Acts (2022): Age Limits (21-55), 33 HC Petitions Challenge 'Parent' Definition, SC to Rule on Validity

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
14 Jun 2026
~2 min
Source: Indian Express
Key Data:202233 petitionsAge 21-50 (Women ART)Age 21-55 (Men ART)Age 23-50 (Women Surrogacy)Age 26-55 (Men Surrogacy)
Bodies:Supreme CourtDelhi High CourtCalcutta High CourtBombay High CourtMinistry of Health
Practice MCQs from today's news ▸
What This Article Covers

1.Core: The ART (Regulation) Act, 2021 and Surrogacy (Regulation) Act, 2021, operational since 2022, face multiple High Court challenges (33+ petitions) questioning their strict eligibility criteria for parenthood.

2.Strategic Fact: Key legal issues include age limits (21-50 women, 21-55 men for ART; 23-50 women, 26-55 men for surrogacy), rights of divorced/OCI individuals, posthumous use of gametes, and fate of cryopreserved embryos.

3.Examiner's Angle: Focus is on the intersection of statutory law, constitutional rights (reproductive autonomy, equality), personal laws, and evolving family structures, testing understanding of judicial interpretation and legislative gaps.

The Big Picture
Prelims · HighMains · High

The 2022 Assisted Reproductive Technology and Surrogacy Acts are facing legal challenges over their restrictive definitions of parenthood and eligibility criteria. At least 33 petitions across High Courts question age limits, rights of single/divorced persons, OCI status, and embryo disposition. The Supreme Court is set to adjudicate the constitutional validity, making this a crucial contemporary issue for rights and bioethics.

Exam Lens

Quick Exam Facts From News

Year of Enforcement2022
Total HC Petitions (Past Year)At least 33
ART Act Age Limit (Women)21-50 years
Surrogacy Act Age Limit (Men)26-55 years
SC Ruling on Age Bar (Oct 2025)Not retrospective for processes started pre-2022

1-Minute Revision

  • ›Year of Enforcement: 2022
  • ›Total HC Petitions (Past Year): At least 33
  • ›Target this Data: Age limits under ART Act (Women: 21-50, Men: 21-55) and Surrogacy Act (Women: 23-50, Men: 26-55).
  • ›Target this Nodal Body: National Assisted Reproductive Technology and Surrogacy Board.
  • ›Target this Legal Point: Section 22 of the ART Act mandates written informed consent from all parties, allowing unilateral withdrawal.

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which statutory body is established under the ART and Surrogacy Acts to advise and oversee their implementation?

Q2Statement-basedHard

Consider the following statements regarding the Assisted Reproductive Technology (Regulation) Act, 2021:

1. It permits unilateral withdrawal of consent for procedures involving cryopreserved embryos.

2. It sets an age limit of 21-50 years for women seeking ART services.

3. It allows Overseas Citizen of India (OCI) cardholders who are single and divorced to access surrogacy services.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the article, how many petitions challenging the ART and Surrogacy Acts have High Courts across India heard in the past year alone?

Q4Application/ImpactMedium

What is a primary legal contention raised in petitions against the Surrogacy (Regulation) Act, as illustrated by the case of Bhoomi Patel?

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