Mumbai: The Bombay high court last week appointed an amicus curiae (friend of court) to assist on legal aspects of an issue raised by two women aged 53 and 55 who questioned the age limit in Maharashtra of 50 years for women to accept donor sperm to conceive. The women challenged Section 21(g) of the Assisted Reproductive Technology Act, 2021, seeking a declaration that it is unconstitutional and sought it be struck down. They said while the law permits men up to age 55 to donate sperm, the cutoff for women to accept donor gametes is 50. Section 21(g) sets boundaries for when ART clinics can legally provide services, such as IVF, to a commissioning couple or woman. The HC observed their petitions were not supported by analytical data based on research and hence appointed a former advocate general to assist it. The women wanted the HC to grant them permission as interim relief to undergo treatment through assisted reproductive techniques to conceive a child through sperm donation. The HC division bench of Justices R V Ghuge and Abhay Mantri said it found no research-backed submission in their petition to show the women can be held medically fit to bear a pregnancy at their age.Both claim to have been issued medical certificates by a gynaecologist stating they are fit to deliver a child.The Maharashtra govt has introduced a condition in the ART Act, 2021, that a male sperm donor is permitted to donate up to a maximum of 55 years of age, and a woman, who is to accept the sperm donated and nurture the foetus in her womb, can be a recipient up to 50 years. The HC said, “In such matters, where the claims are not supported by any analytical data based on medical science and research, we are of the view that an amicus curiae needs to be appointed to assist the court. We requested the learned senior advocate, Ashutosh Kumbhakoni, to assist the court, and he has graciously agreed.” The HC posted the matter on April 22 for urgent hearing.
