Bombay HC To Examine Validity Of Upper Age Limit For Women Seeking ART Treatment

Mumbai, March 31: The Bombay High Court will decide on the constitutional validity of the upper age limit for women seeking assisted reproductive treatment, after two women in their 50s challenged the restriction under the Assisted Reproductive Technology Act, 2021.

Petition challenges age restriction under ART Act

A bench of Justices Ravindra Ghuge and Abhay Mantri was hearing petitions filed by women aged 53 and 55, who have sought a declaration that Section 21(g) of the Act is “unconstitutional” and violative of their fundamental rights.

The provision mandates that ART services using donor gametes can be provided only to women between 21 and 50 years of age. The petitioners have also sought interim relief permitting them to undergo treatment to conceive.

What assisted reproductive technology entails

Assisted reproductive technology refers to medical techniques that attempt to achieve pregnancy by handling sperm or oocytes outside the human body and transferring the embryo into the woman’s reproductive system.

Petitioners cite gender imbalance

Petitioners’ advocate Kalyani Tulankar submitted that the law creates an imbalance by allowing a male sperm donor to donate up to 55 years of age, while restricting women recipients to 50.

The petitioners have relied on medical certificates issued by a gynaecologist stating that they are fit and capable of carrying a pregnancy to full term and delivering a child.

Court seeks scientific backing

However, the bench expressed concern over the absence of supporting scientific data. “We do not find any research made and pleaded in the petitions whereby it could be prima facie said the petitioner women can be held to be medically fit and competent to forbear a pregnancy in their advanced age,” the court observed.

It added, “In such matters, where the claims are not supported by any analytical data based on medical science and research, we are of the view that an amicus curiae needs to be appointed to assist the court.”

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Amicus appointed, next hearing scheduled

Accordingly, the court appointed senior advocate Ashutosh Kumbhakoni as amicus curiae to assist in the matter. Tulankar said she would extend full cooperation to the amicus and, if required, amend the petitions after undertaking proper research within three weeks.

The court has scheduled the next hearing on April 22, 2026.

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