Mumbai, July 18, 2026: A constitutional challenge mounted by two women aged 54 and 56 against the upper age limit for assisted reproductive treatment under the Assisted Reproductive Technology (ART) Act, 2021, came to an end after the Bombay High Court found that both were medically unfit to undergo IVF, making the issue academic in their cases.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, on Thursday, disposed of petitions filed by the women, noting that in view of the medical reports, the challenge to Section 21(g) of the ART Act had become “academic” and there was no reason to examine the constitutional validity of the provision in the present petitions.

Challenge To ART Age Cap

The petitions sought a declaration that Section 21(g) of the ART Act was unconstitutional and violative of their fundamental rights. The provision allows assisted reproductive technology services using donor gametes only for women between 21 and 50 years of age. They had also sought interim permission to undergo fertility treatment and conceive through assisted reproductive technology.

The petitioners' advocate, Kalyani Tulankar, argued that the law created an imbalance by permitting a male sperm donor to donate sperm up to the age of 55 while restricting women recipients to 50 years. The petitioners relied on certificates issued by a gynaecologist stating that they were fit to carry pregnancies to full term.

Medical Reports Prove Decisive

Earlier, following a course adopted by the Supreme Court in a similar matter, the High Court directed the women to undergo detailed medical tests to assess whether they were physically fit to undergo IVF. The examinations were conducted at Mumbai's government-run Cama and Albless Hospital.

The reports, submitted to the court in sealed envelopes, concluded that both women were medically unfit for the procedure. One petitioner was found to be suffering from hypothyroidism for the past 15 years and had been post-menopausal for two years.

The second petitioner had diabetes mellitus for four years and had been post-menopausal for five years. Both medical fitness certificates stated: “On clinical examination and based on the available medical records/investigations, she is found to be medically unfit to undergo IVF (In Vitro Fertilization) procedure.”

Court Disposes Of Pleas

Disposing of the petitions, the bench observed: “Both the Petitioners had approached this Court with the hope that, if they were found to be medically fit to undergo the IVF procedure, they would be willing to proceed with the procedure... Now that both have been held to be unfit for the said procedure after extensive tests, we do not find any reason to deal with the challenge to Section 21(g) of the Assisted Reproductive Technology Act, 2021, in these Petitions.”

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Bombay HC Disposes Of Plea Challenging ART Age Cap After Medical Tests Find 2 Women Unfit For IVF

The Bombay High Court disposed of petitions challenging the ART Act's upper age limit for assisted reproductive treatment after medical tests found two women, aged 54 and 56, unfit for IVF. The court said the constitutional challenge had become academic in their cases.