Archive · 19 Jul 2026
Bombay HC Disposes of ART Age Cap Challenge
Two women in their 50s challenged a law that sets an age limit for IVF treatment.
They argued that the law was unfair because it allowed men to donate sperm until they were 55 but only allowed women to receive IVF treatment until they were 50.
The court asked them to get medical tests to see if they were healthy enough for IVF.
The tests showed that both women were not healthy enough for the treatment, so the court decided not to rule on whether the law was fair or not.
The women were allowed to get copies of their medical reports, but the original reports stayed with the court.
Two women aged 54 and 56 challenged the upper age limit for IVF under the ART Act, 2021.
The Bombay High Court directed medical tests to assess their fitness for IVF.
Medical reports concluded both women were unfit for IVF due to health conditions.
The court disposed of the petitions, finding the challenge to the ART Act academic.
The women were permitted to obtain copies of their medical reports.
- Who
- Two women aged 54 and 56
- What
- Challenged the upper age limit for assisted reproductive treatment under the ART Act, 2021
- When
- July 18, 2026
- Where
- Bombay High Court, Mumbai
- Why
- To seek a declaration that Section 21(g) of the ART Act was unconstitutional and to obtain interim permission for IVF treatment
- Petitioners' Ages
- 54 and 56
- ART Act Section Challenged
- Section 21(g)
- Medical Condition of First Petitioner
- Hypothyroidism for 15 years, post-menopausal for 2 years
- Medical Condition of Second Petitioner
- Diabetes mellitus for 4 years, post-menopausal for 5 years
- Court's Decision
- Disposed of petitions due to medical unfitness
- Hospital Conducting Medical Tests
- Cama and Albless Hospital, Mumbai
- Date of Court Decision
- July 18, 2026