A division bench of the Rajasthan High Court upheld the constitutional validity of upper age limits prescribed for prospective parents under Section 21(g) of the Assisted Reproductive Technology Regulation Act, 2021. Dismissing writ petitions filed by elderly couples seeking reproductive procedures beyond statutory age thresholds, the court held that the reproductive desires of prospective parents must remain subservient to the paramount welfare, safety, and long-term upbringing of the unborn child. The statutory provision prescribes an upper age limit of 50 years for women and 55 years for men undergoing ART treatments.
The high court observed that the legislative prescription of age boundaries is rooted in sound medical, physiological, and sociological evidence, ensuring that parents possess the physical longevity and vitality necessary to raise a child through adulthood. The bench rejected arguments claiming that age restrictions violate fundamental rights to privacy and personal liberty under Article 21, affirming that the state possesses a legitimate interest in safeguarding child welfare. Legal scholars noted that the ruling provides definitive constitutional clarity for reproductive medicine clinics across the country.
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Sources:
https://www.verdictum.in/rajasthan-high-court/dr-arvind-mathur-v-union-of-india-2026rj-jp40484-db-assisted-reproductive-technology-regulation-act-2021-1624900