Assisted Reproductive Technology, widely known as ART, has become one of the most significant medical advances for couples struggling with infertility. It covers a range of procedures that help individuals or couples conceive a child when natural conception is difficult or impossible. In India, treatments such as IVF, ICSI, egg donation, sperm donation, and surrogacy fall under this umbrella, and the demand for them has steadily grown over the last two decades. With this rise, the need for regulation also became urgent, particularly around ethical concerns, safety issues, and the rights of children born through such methods. This eventually led to the enactment of the Assisted Reproductive Technology (Regulation) Act, 2021, a law that sets clear guidelines on who can access these services, how they must be offered, and what responsibilities clinics must uphold.
A key clause under Section 21 of this Act restricts men above the age of 55 and women above the age of 50 from seeking ART procedures. This provision has triggered debates about fairness, medical safety, and reproductive rights. To understand why the restriction exists, it is important first to look at what ART entails. Most ART procedures are intensive, requiring hormonal stimulation, egg retrieval, laboratory fertilisation, embryo transfer, and weeks of monitoring. Even with advanced techniques, these procedures put physical and emotional strain on the woman undergoing treatment. The success rate also depends heavily on the biological age of both partners, especially the woman, because egg quality sharply declines with age. Although donor eggs can offset this challenge, pregnancy itself becomes riskier with advancing age.
Women above 50 are at significantly higher risk of complications such as hypertension, gestational diabetes, preeclampsia, and preterm delivery. Medical literature across countries shows that the chances of a safe pregnancy drop steeply after the age of 45, even with donor eggs. Doctors argue that beyond a certain age, pregnancy is not just difficult but potentially life-threatening. The law takes this into account, aiming to prevent situations where the treatment could dangerously compromise the woman’s health. The restriction is also seen as a measure to ensure that the well-being of the child is safeguarded, as parents at an advanced age may face health challenges that affect long-term caregiving responsibility. While this point often triggers emotional responses, lawmakers frame it as a child-centric provision rather than a punitive one.
For men, fertility decline is slower but not insignificant. Sperm quality deteriorates with age, increasing the risk of genetic abnormalities, miscarriage, and certain developmental disorders in the child. Men above 55 also face higher chances of chronic illnesses, which may affect their ability to participate fully in the demanding process of ART and later parenting responsibilities. The Act therefore draws a line based on a mix of medical evidence and social considerations, hoping to strike a balance between reproductive freedom and responsible use of medical technology.
Critics of the law argue that the age limits are too rigid and fail to account for individual health variations. Some point out that people above fifty today often lead healthier, longer lives than previous generations and may be physically fit to take on parenthood. Supporters of the Act counter that without a clear legal boundary, clinics may indulge in unsafe or exploitative practices, especially when there is social pressure on older couples to have children at any cost. The law aims to protect against such scenarios by creating a uniform standard for all.
Ultimately, the age restrictions in the ART Act reflect a cautious approach that prioritises safety, ethics, and the child’s future. While debates around personal choice and medical autonomy continue, the law underscores the belief that assisted reproduction must operate within boundaries grounded in scientific evidence and societal responsibility.
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