A major legal battle in the Bombay High Court could reshape India’s fertility laws after two women aged 53 and 55 challenged the age restriction under the Assisted Reproductive Technology (Regulation) Act, 2021. The law currently bars women above 50 from accessing fertility treatments such as IVF.
The petitioners have argued that the age limit is “arbitrary and discriminatory,” stating that biological fitness should matter more than a fixed legal cutoff. While the court has permitted interim medical fitness tests, it is also seeking expert medical opinion before making a final decision.
Doctors, however, are warning against overlooking the serious health risks linked to pregnancies in the 50-plus age group. According to Dr. Rujul Jhaveri, Consultant – Obstetrics and Gynaecology at Narayana Health SRCC Children’s Hospital, late-age pregnancies are considered medically high-risk and can lead to complications such as hypertension, gestational diabetes, cardiovascular stress, and increased chances of cesarean delivery.
Experts say medical fitness alone may not be enough. They stress the need for extensive counselling regarding IVF success rates, pregnancy complications, and the physical challenges associated with childbirth at an advanced age.
The debate has also sparked wider conversations around the long-term wellbeing of children born to older parents and whether reproductive rights should outweigh medical and social concerns.
The court’s eventual verdict is expected to set an important precedent for IVF regulations and reproductive rights in India.