Justice S. Sounthar held, “Therefore, Section 21(g) of the ART Act creates a legal right for woman above the age of 21 years and below the age of 50 years to demand ART services as a matter of right, subject to conditions prescribed under Act…In other words, the woman outside the age bracket prescribed under the section, though may desire for ART services,

Women Outside Age Bracket Of 21 To 50 Years Can’t Claim Assisted Reproductive Technology Services As A Legal Right: Madras High Court The Madras High Court was considering a Writ Petition challenging the order rejecting the petitioner’s plea to avail of services under the Assisted Reproductive Technology

The Madras High Court has held that the Assisted Reproductive Technology (Regulation) Act, 2021 prohibits the application of AR Technology to a woman above the age of 50 years. The High Court was considering a Writ Petition challenging the order passed by the 7th respondent- Secretary of the Ministry of Health and Family Welfare, rejecting the representation of the petitioner requesting him to permit the petitioner to use gametes of donors and avail services under the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act) by citing Section 21(g) of ART Act. The Single Bench of Justice S. Sounthar held, “Therefore, Section 21(g) of the ART Act creates a legal right for woman above the age of 21 years and below the age of 50 years to demand ART services as a matter of right, subject to conditions prescribed under Act…In other words, the woman outside the age bracket prescribed under the section, though may desire for ART services, however, cannot claim said services, as a legal right and enforce the same in the Court of Law.”