The court upheld the age limit for ART services, affirming the constitutionality of the relevant statutory provision.

JUDGMENT

This writ petition is filed by the petitioners, who are husband and wife. The second petitioner/wife has crossed the upper age limit of 50 years prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, “the Act”). The Act prohibits persons above the prescribed age limit from availing Assisted Reproductive Technology (ART) services. Aggrieved thereby, the petitioners have approached this Court challenging the constitutional validity of Section 21 (g) of the Act, insofar as it prescribes the maximum age for men and women to seek ART services from licensed clinics. They also seek a direction to the respondents to take immediate steps to provide ART services to them.

The similar issue had come up before this Court in Pushpa K &

another v. The Union of India & others [W.P(C) No.352 of 2013 and connected cases]; and this Court, by common judgment dated 31.01.2026, has dismissed the writ petitions. Following the judgment in Pushpa K. (supra), I find that the petitioners are not entitled to get any relief as claimed and the writ petition is liable to be dismissed.

Accordingly, the writ petition is dismissed.

Sd/-