Two women aged 53 and 55 have approached the Bombay High Court after being denied access to assisted reproductive technology (ART), such as IVF, because of their age. Under the Assisted Reproductive Technology (Regulation) Act, 2021, women are allowed to undergo such procedures only between the ages of 21 and 50. Since both petitioners are above this limit, fertility clinics refused to treat them, prompting them to challenge the law.
In their plea, the women argue that the age restriction is arbitrary and discriminatory. They contend that it violates their fundamental right to reproductive choice and motherhood. Both have submitted medical certificates claiming they are physically fit to carry a pregnancy, and they argue that eligibility should be determined on an individual medical basis rather than a blanket age cutoff.
Also Read: Why Are 30-Year-Old Women Showing The Ovarian Reserves Of 38-Year-Olds? Fertility Doctor Explains
The Bombay High Court has not yet given a final ruling but has taken a cautious approach. It acknowledged that pregnancies at an advanced age can carry significant medical risks and noted that there is currently insufficient scientific data presented before it to conclusively establish the safety of such pregnancies. At the same time, the court did not dismiss the women’s claims outright.
As an interim measure, the court has allowed the women to undergo medical tests to assess their fitness for pregnancy. However, this does not mean they have been granted permission to proceed with IVF yet. The court has also sought expert input and appointed an amicus curiae to assist in examining the legal and medical aspects of the case more closely.
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