In a significant development today, the Calcutta High Court has sought the Centre’s opinion on a 52-year-old woman’s plea challenging the Assisted Reproductive Technology (Regulation) Act, 2021. The Act stipulates that women seeking ART services must be between 21 and 50 years of age.
The petitioner, a woman whose child passed away, has approached the court after being denied ART services due to her age. Justice Sinha noted the emotional distress of elderly couples seeking ART as a last resort and emphasized the need for a legal resolution to avoid repetitive medical evaluations in such cases .
The Union of India has contended that courts cannot override statutory provisions. Additionally, a similar matter is pending before the Supreme Court, with a hearing scheduled for July 22 .
This case highlights the ongoing debate over age restrictions in ART services and may influence future legal interpretations in this domain.
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