Two women, 55 and 53, challenge 50-year age cap on ART treatment
MUMBAI, April 1 -- The Bombay high court has appointed an amicus curiae to assist it in connection with petitions filed by two women in their 50s, challenging the 50-year age restriction mandated for women undergoing reproductive procedures under the Assisted Reproductive Technology (ART) Act, 2021. The women are seeking permission to undergo treatment through ART to conceive a child through donor gametes.
A division bench of Justices Ravindra V Ghuge and Abhay J Mantri held that the petitions had failed to provide any research or arguments to prove that they were medically fit and competent to undergo a pregnancy in their advanced age and give birth to children.
According to the petitions, the women, 53 and 55 years of age, sought a declaration of Section 21 (g) of the ART Act as "unconstitutional and ultra vires", and urged the court to strike it down. The section establishes maximum age limits for accessing treatments like in-vitro fertilisation (IVF) in a bid to secure the health of a mother and child.
The advocate appearing for the women informed the court that the state government had put in a condition under Section 21 (g) of the 2021 Act that male sperm donors were permitted to donate sperm up to a maximum age limit of 55 years, while a woman could be a recipient of sperm only up to 50 years of age.
Both women said they had medical certificates from a gynaecologist declaring them fit to carry a pregnancy to term and deliver a child.
However, on March 23, the court noted that the claims lacked analytical backing based on medical science and research. It appointed senior advocate Ashutosh Kumbhakoni as amicus curiae and posted the matter for further hearing on April 22....
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