Bombay HC to Examine Validity of 50 Year Age Cap for ART Treatment

The Bombay High Court has agreed to examine the constitutional validity of the upper age limit of 50 years prescribed for women seeking assisted reproductive technology (ART), in a plea challenging the restriction as violative of fundamental rights. The Court indicated that the issue raises important questions concerning reproductive autonomy and statutory limitations under the Assisted Reproductive Technology (Regulation) Act, 2021, and requires detailed consideration.

A Division Bench of Justices Ravindra V. Ghuge and Abhay J. Mantri was hearing petitions filed by two women aged 53 and 55, who have sought a declaration that Section 21(g) of the ART Act is unconstitutional. The Bench did not grant interim relief permitting the petitioners to undergo treatment but agreed to examine the validity of the provision and posted the matter for further consideration.

The petitions challenge Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, which mandates that ART services using donor gametes may be provided only to women between the ages of 21 and 50 years.

The petitioners, both above the prescribed age limit, approached the Court after being denied access to ART procedures on account of this statutory restriction.

Before the Court, the petitioners contended that they were medically fit to conceive and carry a pregnancy and had obtained medical certificates from a gynaecologist stating that they were capable of undergoing pregnancy despite being in their fifties.

They argued that the statutory age cap operates arbitrarily against women who are otherwise physically and medically capable of becoming mothers through assisted reproductive methods.

The challenge also raises questions of equality and reproductive choice, with the petitioners asserting that the provision imposes an unreasonable restriction on women’s right to parenthood.

It was argued that the age restriction fails to account for individual medical fitness and imposes a blanket prohibition, thereby limiting access to reproductive technology solely on the basis of age.

The Court, while considering the submissions, noted that the issue involves complex medical, biological, and policy considerations.

The Bench indicated that adjudicating the validity of the statutory provision would require careful evaluation of the legislative intent behind prescribing an upper age limit, as well as the medical implications of pregnancies at an advanced age.

The judges did not pass any interim directions permitting the petitioners to undergo ART procedures at this stage, indicating that the matter would require a fuller hearing.

The Court instead chose to examine the challenge on merits, keeping open the question of whether the statutory provision withstands constitutional scrutiny.

The proceedings bring into focus the regulatory framework governing assisted reproductive technology in India, where statutory safeguards have been introduced to address ethical concerns, medical risks, and the welfare of both the mother and the child.

The age limit under the Act forms part of this broader framework regulating access to ART procedures.

At this stage, the Court has not expressed any final opinion on the validity of the provision. The matter remains pending consideration, with the Bench indicating that the issue will be examined in detail in subsequent hearings.

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