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Bombay HC Questions Age Limit for IVF
22 Apr
Summary
- Court seeks expert opinion on elderly women's pregnancy capacity.
- Two women aged 53 and 55 challenge the ART Act's age limit.
- Medical tests ordered to assess eligibility for assisted reproduction.
The Bombay High Court has initiated a review of age limitations for assisted reproductive technology (ART), prompted by two women in their fifties seeking to undergo such procedures. The court has ordered comprehensive medical tests for the petitioners, aged 53 and 55, to evaluate their suitability for ART, and has requested expert input from a senior gynecologist. This expert opinion is sought to determine the physical capacity of women beyond 45-55 years to endure a full-term pregnancy and deliver a healthy child, considering potential risks of congenital defects.
The current ART Act prescribes a limit of 50 years for women undergoing procedures, a rule the petitioners deem unconstitutional. They have presented gynecologist certificates affirming their ability to carry a pregnancy to term. Their legal argument points out an apparent contradiction in the ART rules, where male donors can be up to 55 years old, while women are restricted to 50. The court has issued notices to the Union and State Health Ministries, along with ART and Surrogacy Boards, for their response by the next hearing on June 19.
Following a precedent set by the Supreme Court, the High Court has permitted the petitioners to undergo specific medical tests and evaluations between May 5 and May 25, supervised by the State ART and Surrogacy Board. The findings from these tests are to be submitted to the court for further consideration, signaling a significant step in challenging existing reproductive laws.
