JUDGMENT

The petitioners are wife and husband. 1^st petitioner/ wife is aged 46 years, whereas the 2^nd petitioner/husband is aged 57 years. According to them they are undergoing treatment for infertility for a long time. On approaching the 4^th respondent hospital, the petitioners were told that the only option for them is to conceive through In Vitro Fertilisation (IVF) procedure using donor sperm. According to the petitioners, though the 1^st petitioner who is aged 46, is eligible under the Assisted Reproductive Technology (Regulation) Act 2021 (for short ‘ART Act’) to undergo the said procedure as she is a ‘woman’ defined under Clause 2(u) of the ART Act, the 4^th respondent hospital is hesitant to provide them the necessary treatment, citing that the 2^nd petitioner has crossed the statutory age limit of 57 years. The case of the petitioners is that though the 2^nd petitioner has crossed the age, since the 1^st petitioner uses donor sperm and the 2^nd petitioner is not an active participant, she is eligible under Sectio