Two Women Over 50 Want To Have Babies. The Law Says No. A Court May Change That

Last Updated:April 23, 2026, 10:40 IST

Both women have already submitted certificates from a gynaecologist declaring them fit to carry a pregnancy to full term.

Two married women, aged 53 and 55, have moved the Bombay High Court challenging a law that bars women above 50 from accessing fertility treatments to conceive a child — and, the court gave them a crucial green light to at least begin medical tests.

Wait, There’s An Age Limit To Have A Baby?

Yes. Under India’s Assisted Reproductive Technology (ART) Act, 2021, women above 50 and men above 55 cannot legally access fertility treatments — including procedures that use donor eggs or sperm to help couples conceive. The two petitioners argue this limit is arbitrary, unconstitutional, and violates their fundamental rights.

What Exactly Is ART?

Think of it as medical assistance to help people have children when natural conception isn’t possible. This includes procedures like IVF, and the use of donor eggs or sperm — called gametes — to help a woman carry and deliver a baby.

What Did The Court Do On Wednesday?

According to a Times of India report, the Bombay HC bench of Justices Ravindra Ghuge and Abhay Mantri on Wednesday granted interim relief, allowing both women to go ahead with medical fitness tests — a significant first step.

The report stated that the court had earlier asked for research-backed data showing a woman can safely carry a pregnancy at this age. Both women have already submitted certificates from a gynaecologist declaring them fit to carry a pregnancy to full term.

Who Else Is Involved?

The HC had appointed senior lawyer and former Maharashtra Advocate General Ashutosh Kumbhakoni as amicus curiae — essentially an expert adviser to help the court navigate the legal complexities of this case.

Why Does This Matter?

If the court ultimately strikes down Section 21(g) of the ART Act, it could redefine reproductive rights for older women across India — setting a precedent that age alone cannot determine a woman’s right to motherhood.

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