The court upheld the age limit restrictions for seeking ART services under the Assisted Reproductive Technology Act as constitutional.

JUDGMENT

This writ petition is filed by the petitioners, who are husband and wife, either of them, having crossed the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 (for short, “the Act”). The Act prohibits the application of the Assisted Reproductive Technology services (ART services) to persons above the prescribed age limit. Challenging the constitutional validity of Section 21 (g) of the Act to the extent it prescribes a maximum age for men and women to seek ART services from licensed clinics and also seeking a direction to the respondents to take immediate steps to provide ART services to the petitioners, they have approached this Court with the above writ petition.

2. A similar issue had come up before this court in Pushpa K & anr. Vs The Union of India & Ors. [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 any relief as claimed and the writ petition is liable to be dismissed.

Accordingly, the writ petition is dismissed.

Sd/-