Can Women Above 50-Years Of Age Be Permitted To Avail Assisted Reproductive Technology Services? Bombay High Court To Decide

The Bombay High Court is set to decide whether women above 50-years of age can be held to be 'medically fit' to bear a child and give birth with the help of Assisted Reproductive Techniques (ART).A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri heard two petitions filed by women - a 55-year-old and a 53-year-old - both challenging the validity of the Section 21 (g) of the Assisted Reproductive Technology Act, 2021. The said provisions mandates a strict age limit for both men and women to use the ART services in India. As per the said provision, a woman between age 21 to 50 years, can avail the service while a man between 21 years to 55 years can donate his sperms to avail the ART.In the instant petitions, the two women sought quashing of the said provision as it barred them from bearing a child and further delivering it by using the ART. The two women, through advocate Kalyani Tulankar, relied on the medical certificates issued to them by a Gynecologist stating that they are fit and capable of carrying a pregnancy to full term and deliver a child."We do not find any research made and pleaded in the Petitions whereby it could be prima-facie said that the Petitioner women can be held to be medically fit and competent to forbear a pregnancy in their advanced age in life and give birth to children. 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," the judges said in the order passed on March 23. Accordingly, the bench appointed Senior Advocate Ashutosh Kumbhakoni as an Amicus Curiae to assist the Court. The judges also permitted Tulankar to render her fullest assistance to the Amicus Curiae and, if required, carry out amendments to incorporate appropriate pleadings upon proper research.The bench has adjourned the hearing in the matter for three weeks and has directed the same to be listed on April 22. Appearance:Advocate Kalyani Tulankar appeared for the Petitioners.Additional Government Pleader Jaymala Ostwal along with Assistant Government Pleader Usha Rahi represented the State.Case Title: Swati Sharad Parab vs Union of India [Writ Petition (Lodging) 40634 of 2025]Click Here To Read/Download Order

Can Women Above 50-Years Of Age Be Permitted To Avail Assisted Reproductive Technology Services? Bombay High Court To Decide

Narsi Benwal

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