Bombay High Court Reviews IVF Age Limit for Women Over 50
2 Women Challenge IVF Age Cap, Bombay HC Allows Fitness Tests For Now
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Two women aged 53 and 55 have challenged the Assisted Reproductive Technology (ART) age cap in India, which restricts IVF access to those aged 21 to 50. The Bombay High Court has allowed them to undergo fitness tests while reviewing the case, acknowledging the need for individual assessment over a blanket age limit.
- 01Two women aged 53 and 55 are challenging India's IVF age restriction.
- 02The Assisted Reproductive Technology (Regulation) Act, 2021 limits IVF access to women aged 21-50.
- 03The Bombay High Court has permitted the women to undergo medical fitness tests.
- 04The court is considering the implications of advanced-age pregnancies and the need for individual assessments.
- 05An amicus curiae has been appointed to assist in examining the legal and medical aspects of the case.
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Two women, aged 53 and 55, have approached the Bombay High Court in Mumbai, India, after being denied access to assisted reproductive technology (ART) like in vitro fertilization (IVF) due to their age. The Assisted Reproductive Technology (Regulation) Act, 2021, restricts such procedures to women aged 21 to 50. The petitioners argue that this age limit is arbitrary and infringes upon their fundamental right to reproductive choice. They have submitted medical certificates asserting their fitness for pregnancy and advocate for individual assessments rather than a blanket cutoff. While the court has not yet rendered a final decision, it has allowed the women to undergo medical tests to evaluate their fitness for pregnancy. The court also acknowledged the potential medical risks associated with pregnancies at an advanced age and has appointed an amicus curiae to help explore the legal and medical implications of the case.
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This case could reshape reproductive rights for women in India, particularly affecting older women seeking motherhood.
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