3 min readMumbaiMar 30, 2026 08:16 PM ISTART includes all techniques attempting to obtain pregnancy. (File Photo)The Bombay High Court recently appointed a senior lawyer as amicus curiae (friend of the court) to assist it on pleas by two women in their fifties seeking pregnancy through assisted reproductive technology (ART), observing that there was no research cited by the petitioners to prima facie hold that the petitioners could be held medically fit and competent to get pregnant in their advanced age and give birth to children.As per the law, ART includes all techniques attempting to obtain pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.The women challenged a provision of the Assisted Reproductive Technology (ART) Act, 2021, which provides upper age limit of 50 years to a woman accepting donated sperm.A division bench of Justices Ravindra V Ghuge and Abhay J Mantri last week was hearing a plea by two women aged 53 and 55, seeking a declaration from the court that Section 21(g) of the ART Act was “unconstitutional”.The provision states that the clinics shall apply ART services to a woman above 21 years of age and below the age of 50 years. The petitioners claimed they were issued medical certificates by a gynaecologist stating that they are fit and capable of carrying a pregnancy to full term and delivering a child.Advocate Kalyani Tulankar, for the petitioners, told the bench that the state government had introduced a condition in the ART Act that a male sperm donor is permitted to donate up to a maximum of 55 years of his age, and a woman, who is to accept the donated sperm and nurture the foetus in her womb, can be a recipient up to a maximum of 50 years of her age.“We do not find any research made and pleaded in the petitions whereby it could be prima facie said the petitioner women can be held to be medically fit and competent to forbear a pregnancy in their advanced age in life and give birth to children,” the bench noted.Story continues below this adIt added, “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.”The court appointed senior advocate Ashutosh Kumbhakoni as amicus curiae in the matter.Tulankar said she will provide assistance to the amicus and, if required, amend the plea after proper research on the matter within three weeks.The HC will hear the matter on April 22.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More © The Indian Express Pvt LtdAdvertisementLoading Recommendations...Mar 30: Latest NewsIPL 2026: Why can’t Cameron Green bowl yet? 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