Archive · 19 Dec 2025
Gauhati High Court Upholds ART Age Limits
The Gauhati High Court recently made a decision about a law that sets age limits for people who want to have babies with the help of medical technology called Assisted Reproductive Technology (ART).
A married couple who were not allowed to use ART because they were too old, according to the law, challenged this rule.
They said the law was unfair and violated their rights.
But the court said no, the law is okay because it's based on science and it's meant to keep moms and babies healthy.
The court also said that it's not their job to change the law, even if they think it's unfair.
So, the age limits stay the same: women can use ART between the ages of 21 and 50, and men can use it between 21 and 55.
The Gauhati High Court dismissed a challenge to the age limits for availing ART services, stating that the limits are based on medical science and ethical standards.
The petitioners, a married couple, argued that the age limits violate their fundamental rights under Articles 14 and 21 of the Constitution of India.
The state argued that the age limits are founded on scientific evidence relating to maternal health risks, fetal outcomes, and child welfare.
The court held that the age-based classification under Section 21(g) of the ART Act, 2021 is constitutional and does not violate Articles 14 or 21.
The court stated that individual exemptions on the grounds of hardship or medical fitness would amount to substituting judicial discretion for legislative policy.
- Who
- Gauhati High Court, a married couple, Advocate B K Gogoi, Advocates D J Das and B Chakravarty
- What
- Dismissal of a challenge to the age limits for availing Assisted Reproductive Technology (ART) services
- When
- The couple was denied ART services in 2024
- Where
- Gauhati High Court, India
- Why
- The court found that the age limits are based on medical science, ethical standards, and the welfare of both the woman and the child
- Court
- Gauhati High Court
- Section Challenged
- Section 21(g) of the ART Act, 2021
- Age Limits for Women
- 21-50 years
- Age Limits for Men
- 21-55 years
- Petitioners' Argument
- Violation of fundamental rights under Articles 14 and 21
- State's Argument
- Age limits based on scientific evidence and legislative policy
- Court's Decision
- Section 21(g) is constitutional and does not violate Articles 14 or 21