JUDGMENT

The writ petition is filed seeking the following prayers:-

a)declare the sub-clause(f) of S.21 of the ART Act to the extent it defines the maximum age for men and woman to seek ART services from licensed clinics as unconstitutional and liable to be struck down;

b) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to take immediate steps to see the petitioners and provided with ART services;

2. The issue involved in this case is whether the first petitioner- wife now aged 46 years, can avail the ART services by receiving donor gametes in the status as a ‘woman’ despite being married to the second petitioner- husband, who has crossed the age of 55 years, prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 ('Act' for brevity).

3. In this case, the prayer is to permit the wife, who is within the age prescribed under the Act to avail Assisted Reproductive Technology services using donor male gametes at the fourth respondent- hospital. The wife is within the age limit prescribed under the Act for availing ART services and the husband has given the consent for the procedure to avail ART services by