In a significant hearing on reproductive rights, the Bombay High Court on March 23, 2026, took up petitions challenging age restrictions under the Assisted Reproductive Technology (ART) Act, 2021. The case raises questions about whether women above 50 can access assisted reproductive procedures using donor gametes.
Background of the Case
The petitions were filed by Swati Sharad Parab and another petitioner, both of whom are above the age limit prescribed under the ART Act. One petitioner is 55 years old, while the other is 53.
They approached the court seeking to strike down Section 21(g) of the ART Act, arguing that it violates fundamental rights under Part III of the Constitution. The provision restricts women above 50 years from receiving donor gametes for conception.
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The petitioners also sought interim relief to undergo assisted reproductive treatment, stating that they had medical certificates from a gynecologist confirming their ability to carry a pregnancy to term.
During the hearing, the bench of Justice Ravindra V. Ghuge and Justice Abhay J. Mantri closely examined the claims made by the petitioners.
The court noted that while medical certificates had been submitted, the petitions lacked broader scientific or research-based material supporting the claim that women in their 50s could safely carry pregnancies.
“The claims are not supported by any analytical data based on medical science and research,” the bench observed, indicating the need for deeper examination.
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The judges emphasized that issues involving reproductive health at an advanced age require careful scrutiny grounded in established medical research, rather than individual medical opinions alone.
Recognising the complexity of the matter, the court decided to appoint a neutral legal expert to assist. Senior Advocate Ashutosh Kumbhakoni was appointed as Amicus Curiae to help the court assess the legal and medical aspects of the challenge.
The bench stated that such assistance was necessary “in matters where claims are not supported by analytical data,” highlighting the importance of expert input before making any constitutional determination.
Counsel for the petitioners agreed to cooperate fully and undertook to amend the petitions, if required, after conducting proper research under the guidance of the amicus.
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The court granted the petitioners three weeks to make necessary amendments and strengthen their pleadings with relevant material.
The matter has been scheduled for further hearing on April 22, 2026, and will be listed along with a connected petition raising similar issues.
At this stage, the Bombay High Court has not ruled on the constitutionality of Section 21(g) of the ART Act. Instead, it has appointed an Amicus Curiae and directed the petitioners to supplement their case with proper research before proceeding further.
Case Details
Case Title: Swati Sharad Parab & Anr. v. Union of India & Ors.
Case Number: Writ Petition (L) No. 40634 of 2025
Judge: Justice Ravindra V. Ghuge & Justice Abhay J. Mantri
Decision Date: 23 March 2026
Counsels:
- For Petitioners: Ms. Kalyani Tulankar
- For Respondents (State): Ms. Jaymala Ostwal, Addl. GP with Ms. Usha Rahi, AGP
