The Bombay High Court is currently examining a significant legal challenge to the age limit imposed under the Assisted Reproductive Technology (Regulation) Act, 2021, which permits women to access procedures like IVF only between the ages of 21 and 50, while allowing men to donate sperm up to the age of 55.
The case has been brought forward by two women aged 53 and 55, who argue that this restriction is arbitrary, discriminatory, and violates their fundamental rights to equality and reproductive autonomy. They contend that the law fails to take into account individual health conditions, emphasising that they are medically fit to carry a pregnancy and should not be denied the opportunity solely based on age.
During the proceedings, the court observed that the petition does not provide sufficient scientific or medical evidence to establish that pregnancies beyond the age of 50 are safe. Recognising the complexity of the issue, which involves both legal principles and medical considerations, the court appointed an amicus curiae an independent expert to assist in evaluating the matter more thoroughly. The expert is expected to provide insights into the health risks, ethical concerns, and broader implications of extending the permissible age limit.
At this stage, the court has not granted any immediate relief to the petitioners, and no exception to the existing law has been made. The matter will be taken up in further hearings, where the court will consider expert opinions before reaching a decision.
This case is important because it highlights the ongoing debate between individual reproductive rights and the need for regulatory safeguards, raising broader questions about whether such age-based restrictions should remain fixed or be made more flexible based on personal health and medical advancements.
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