Madras High Court upholds 50-year ART age limit

The Madras High Court has ruled that women over 50 years old cannot use assisted reproductive technology (ART) to bear children. The court emphasized that women must be capable of supporting a child for 18 years after birth. Justice S. Sounthar stated that a woman who intends to use ART must be financially and biologically able to raise a child. The court highlighted that the retirement age in India is 60 years, raising doubts about whether a woman over 50 could adequately care for a child. The court also pointed out the increased health risks for mothers above 50 during pregnancy. Due to these concerns, the legislature set a 50-year age limit for ART services. The ruling reinforces the idea that a woman seeking these services must be prepared to care for her child until he or she turns 18. Overall, the court found the upper age limit to be reasonable and necessary for the well-being of the child.