Back
LAW

Bombay High Court allows two 50-plus women to undergo ART eligibility tests while noting aged-pregnancy risks

The Bombay High Court allowed two women aged 53 and 55, who challenged the ART Act's age cap, to undergo medical tests to assess eligibility for ART, with testing scheduled between May 5 and May 25 and reports due by June 19. The court flagged risks associated with older age pregnancies and questioned whether such pregnancies could safely proceed, while keeping constitutional questions unresolved.

Why It Matters

The ruling tests how courts balance access to assisted reproductive technologies with medical risks in advanced maternal age, and signals potential interim relief or transitional considerations in ART eligibility cases.

Timeline

3 Events

Next hearing scheduled for June 19; interim relief noted

April 23, 2026

The article notes that the next hearing is scheduled for June 19 as part of the case's ongoing consideration of interim relief and the constitutional questions pending.

Wednesday hearing allows two petitioners to be medically evaluated for ART

April 22, 2026

During the hearing, the division bench allowed two petitioners (aged 53 and 55) to undergo medical tests to assess eligibility for ART between May 5 and May 25 under professional and government supervision; reports are to be submitted by the next hearing on June 19.

Court appoints senior advocate to assist in ART age-case

March 23, 2026

The Bombay High Court appointed senior advocate Ashutosh Kumbhakoni to assist the court in the matter.