Gauhati High Court Upholds ART Age Limit Under Section 21(g) Citing Mother–Child Welfare

The Gauhati High Court upheld Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, confirming the policy-based upper age limit for couples seeking ART services.

The case arose from a writ plea filed under Article 226 by a married couple after a hospital declined IVF treatment, citing age eligibility.

The Court held that the age criteria applies equally to all couples, is grounded in medical and ethical policy, has a direct link to the welfare of the mother and child, and does not violate Articles 14 or 21 of the Constitution of India. 

The petition was dismissed as being devoid of merit.