In a case that could significantly reshape the discourse on reproductive rights in India, two women aged 53 and 55 have approached the Bombay High Court challenging the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. The legislation currently imposes an upper age limit of 50 for women seeking assisted reproductive treatments such as IVF.
The petitioners have argued that the age restriction is “arbitrary and discriminatory,” contending that biological capability cannot be confined to a fixed legal threshold. They have submitted medical fitness certificates in support of their case, asserting their readiness for motherhood. The court, however, has adopted a cautious approach—permitting medical evaluations as an interim measure while seeking expert opinion on the associated health risks.
Medical Concerns Take Centre Stage
While the legal argument centres on individual rights, the medical community has highlighted significant concerns. Experts note that pregnancies beyond the age of 50 are inherently high-risk and require careful evaluation.
Dr. Rujul Jhaveri, Consultant in Obstetrics and Gynaecology at Narayana Health SRCC Children’s Hospital, emphasised that such pregnancies involve substantial physiological challenges. She pointed out increased susceptibility to complications including hypertension, gestational diabetes, cardiovascular strain, and a higher likelihood of cesarean delivery—all of which may impact both maternal and fetal outcomes.
Dr. Jhaveri underscored that medical fitness assessments alone are insufficient, advocating instead for comprehensive safety protocols and informed clinical judgment. According to her, any reconsideration of the legal framework must be grounded in a thorough understanding of medical risks and long-term implications.
Balancing Rights and Responsibility
The court’s decision to allow preliminary fitness testing has been viewed by some as a step towards individualized medical assessment rather than blanket restrictions. However, experts caution that being declared “fit” does not eliminate the broader concerns associated with late-age pregnancies.
Dr. Jhaveri stressed the importance of detailed counselling, including discussions on success rates, potential complications, and the physical demands of pregnancy at an advanced age. She also highlighted the need to consider the long-term wellbeing of the child and the parents’ capacity to provide sustained care.
A Precedent in the Making
As the amicus curiae examines the legal and medical dimensions of the case, the outcome is expected to have far-reaching implications. The ruling could determine whether India moves towards a more personalised, case-by-case approach to assisted reproduction or continues to uphold the existing age cap based on safety considerations.
For now, the case represents a critical intersection of law, medicine, and individual autonomy—one that may ultimately redefine how reproductive rights are interpreted in the country.
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