The Supreme Court in Vijaya Kumari S & Another v. Union of India held that age restrictions under the Surrogacy (Regulation) Act, 2021 do not apply retrospectively to couples who commenced surrogacy procedures before the Act came into force on January 25, 2022. The Court defined "commencement" as completion of gamete extraction, fertilization, and embryo freezing (Stage A), prior to transfer to a surrogate (Stage B). Applying principles of reproductive autonomy under Article 21, presumption against retrospectivity, and the vested rights doctrine, the Court protected couples’ pre-existing rights. Couples who completed Stage A before the Act’s enforcement were exempted from age limits, provided other medical conditions under the Act were met. The Court clarified it did not question the constitutional validity of age restrictions themselves, only their retrospective application. Relief was granted to the three petitioners, allowing continuation of their surrogacy.