This news piece is based on ‘Upper age limit for assisted reproduction tech needs relook: HC’ published in the Indian Express on January 05, 2023.  

Why in News?  

Recently the Kerala High Court has questioned the upper age limit for use of Assisted Reproductive Technology Regulation Act, 2021 (ART) and has also urged the Central Government to reconsider this ban. Kerala High Court has said that personal choice to build a family is a fundamental right and fixing an upper age limit for the same was a restriction which needs a relook. 

Justice V G Arun said that the imposition of age restriction without even a transitional provision was “irrational and arbitrary” 

Background  

The Court has also directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Central Government about the need for a re- -look at the upper age limit prescribed in Section 21(g) of the Act. 
 
The Court issued the aforesaid directions while disposing of a batch of Writ Petitions filed challenging the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulations) Act, 2021 which prohibits the application of ART services to persons above the prescribed age.  
 

About the Assisted Reproductive Technology (Regulations) Act, 2021 

The Act seeks to regulate and supervise the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technology is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto. 

Under the Act, every assisted reproductive technology (ART) clinic and bank must be registered under the National Registry of Banks and Clinics of India. The Registry is meant to act as a central database for all facilities providing ART services in India, with state governments appointing relevant authorities in their respective states to facilitate the registration process.