Madras High Court allows foreign national aged above 50 to undergo IVF treatment

Polity and Governance · 23 September 2026 · Based on The Hindu (original report)

2-minute summary

The Madras High Court has permitted a 50-year-old foreign national (a UK resident of Sri Lankan origin) to undergo In Vitro Fertilization (IVF) treatment in Chennai, bypassing the strict upper age limit of 50 years prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021. The petitioner had obtained an Indian medical visa well before turning 50 but arrived in India 18 days after her 50th birthday due to minor travel and procedural delays. Justice D. Bharatha Chakravarthy ruled that the statutory age limits (50 for women, 55 for men) were enacted by Parliament based on Indian life expectancy, domestic living conditions, and child welfare in India, which do not strictly apply to foreign nationals intending to raise their child abroad. Given the extraordinary circumstances—including frozen embryos from 2013 and ongoing treatment since 2023—the court exercised judicial discretion to allow the treatment, highlighting the intersection of statutory regulations, medical tourism, and reproductive autonomy.

Why it's in the news

The Madras High Court exempted a foreign national who crossed the statutory age limit of 50 years by 18 days from the age restrictions of the Assisted Reproductive Technology (Regulation) Act, 2021. The court ruled that the legislative intent behind the age limit was tied to Indian life expectancy and domestic conditions, which do not apply to foreign nationals residing abroad.

Facts to remember

• The Madras High Court permitted a 50-year-old foreign national to undergo IVF treatment in Chennai, bypassing the strict upper age limit of 50 prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021.
• Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 restricts the age limit for undergoing ART services to 21–50 years for women and 21–55 years for men.
• Article 21 guarantees the Right to Life and Personal Liberty, which the Supreme Court has interpreted to include reproductive autonomy and the right to make reproductive choices.

Background and context

The Assisted Reproductive Technology (Regulation) Act, 2021, was enacted to regulate and supervise ART clinics and banks, prevent misuse, and ensure the safe and ethical practice of assisted reproductive technologies in India. Under Section 21(g) of the Act, the age limit for undergoing ART services is restricted to 21–50 years for women and 21–55 years for men. These limits were established to protect maternal health and ensure parents are of an age where they can reasonably raise a child to adulthood, keeping in view the average life expectancy in India. However, India's advanced medical infrastructure and cost-effective treatments have made it a global hub for medical tourism. This has led to legal challenges where strict domestic age limits conflict with the reproductive rights and varying life expectancies of foreign patients, prompting judicial interventions to address exceptional cases.

Constitutional provisions

• Article 21 — Guarantees the Right to Life and Personal Liberty, which the Supreme Court of India has interpreted to include reproductive autonomy and the right of an individual to make reproductive choices.
• Article 14 — Guarantees equality before the law to any person (including foreign nationals) within the territory of India, allowing for reasonable classification but prohibiting arbitrary discrimination.

Committees and reports

• Law Commission of India - 228th Report — Recommended the regulation of assisted reproductive technology clinics and surrogacy, emphasizing the need to protect the rights of the surrogate mother and the child, which eventually led to the drafting of the ART and Surrogacy Acts.

Government schemes

• Heal in India Initiative — A government initiative led by the Ministry of Health and Family Welfare and the Ministry of Tourism to position India as a global hub for medical and wellness tourism, facilitating medical visas and high-quality healthcare access for foreign nationals.

Mains practice: Analyze the regulatory framework of the Assisted Reproductive Technology (Regulation) Act, 2021. To what extent do rigid statutory limits under the Act impact reproductive autonomy and India's position as a medical tourism hub?

The Assisted Reproductive Technology (Regulation) Act, 2021, was enacted to regulate and supervise ART clinics and banks, curb unethical practices, and safeguard patients. However, its rigid statutory age limits (50 years for women and 55 years for men) have sparked debates regarding reproductive autonomy and their impact on India's medical tourism sector.

• **Statutory Framework and Objectives**: The Act sets age limits based on Indian life expectancy, domestic living conditions, and child welfare. It mandates the registration of all clinics and banks under a National Registry and establishes National and State Boards to monitor compliance and prevent commercial exploitation.

• **Impact on Reproductive Autonomy**: Rigid age caps restrict bodily and reproductive autonomy, which are protected under Article 21 of the Constitution. Individuals seeking late-stage pregnancies due to medical, personal, or career reasons are forced to approach courts for exemptions, highlighting a gap between rigid legislative mandates and individual rights.

• **Implications for Medical Tourism**: Under the 'Heal in India' initiative, medical tourism is a key economic driver. Foreign nationals, who often have higher life expectancies and different socio-economic conditions in their home countries, face barriers due to laws tailored strictly to Indian demographics. This can deter international patients seeking advanced technical support in India.

• **Need for Flexibility**: A rigid, one-size-fits-all legislative approach fails to account for extraordinary medical circumstances, procedural delays (such as visa processing), or pre-existing frozen embryos, as seen in the Madras High Court case.

In conclusion, while ethical regulation of ART is essential to prevent exploitation, the legal framework must incorporate a degree of flexibility or a quasi-judicial appellate mechanism to address exceptional cases without forcing patients to undergo prolonged litigation.

Prelims practice questions

Q1. Consider the following statements regarding the Assisted Reproductive Technology (Regulation) Act, 2021: 1. The Act prescribes an upper age limit of 50 years for women and 55 years for men to undergo ART procedures. 2. The provisions of the Act apply to both Indian citizens and foreign nationals seeking treatment in India. 3. The Act mandates that every ART clinic and bank must be registered under the National Registry of ART Clinics and Banks of India. Which of the statements given above are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: D. All three statements are correct. The ART (Regulation) Act, 2021 applies to foreign nationals as well, sets the 50/55 age limits, and mandates registration of all clinics and banks.

Q2. The right to reproductive autonomy, including the choice to undergo assisted reproductive treatments, is protected under which Article of the Constitution of India?

1. Article 21
2. Article 19
3. Article 25
4. Article 14

Answer: A. The Supreme Court of India has repeatedly held that reproductive choices and autonomy are integral parts of the Right to Life and Personal Liberty under Article 21.

Q3. With reference to the 'Heal in India' initiative, which of the following statements is/are correct? 1. It is a central government initiative aimed at promoting India as a global hub for medical and wellness tourism. 2. It is led by the Ministry of Health and Family Welfare along with the Ministry of Tourism. Select the correct answer using the code given below:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: C. 'Heal in India' is a major initiative to position India as a global leader in health tourism, jointly driven by the Ministry of Health and Family Welfare and the Ministry of Tourism.

Revision flashcards

• What are the upper age limits prescribed for undergoing ART procedures under the ART (Regulation) Act, 2021? 50 years for women and 55 years for men.
• Under which Article of the Indian Constitution is the right to reproductive choice protected? Article 21 (Right to Life and Personal Liberty).
• What was the primary rationale cited by the Madras High Court for Parliament fixing the upper age limit under the ART Act, 2021? Indian life expectancy, domestic living conditions, and the welfare of minor children to be raised in India.
• Which statutory body is responsible for regulating and supervising ART clinics and banks under the ART Act, 2021? The National Assisted Reproductive Technology and Surrogacy Board (along with State Boards).
• What is the name of the government initiative aimed at promoting medical tourism in India? The 'Heal in India' initiative.