What the ART Act covers
ART stands for assisted reproductive technology. It includes treatments such as IVF, ICSI, IUI, egg and embryo freezing, and the use of donor eggs or sperm.
The ART (Regulation) Act, 2021 sets rules for the clinics and banks that provide these services. This article covers the points that most directly affect patients. It is general information, not legal advice.
Clinics and banks must be registered
Every ART clinic and every ART bank must be registered on the National Registry. Registration must be renewed every five years.
For patients, this is the first thing to check. Ask the clinic for its registration number and confirm it on the national registry. Our guide on choosing an IVF centre lists other questions to ask.
If surrogacy is part of your plan
A surrogacy clinic needs a separate surrogacy registration in addition to its ART registration. Ask to see both.
Age limits under Section 21(g)
Section 21(g) of the Act sets the ages at which ART services can be given.
| Partner | ART services allowed |
|---|---|
| Woman | Above 21 and below 50 |
| Man | Above 21 and below 55 |
These limits apply to the use of ART services by the patient. They are separate from the age rules for surrogacy, which come from a different law.
For a woman close to the upper limit, timing matters both legally and medically. Egg reserve falls with age, so early tests help planning.
The Delhi High Court ruling of 25 May 2026
On 25 May 2026, the Delhi High Court ruled that the ART Act age limit applies at the time treatment starts. This means a couple can continue using embryos that were frozen during treatment begun earlier.
In practice, this matters for couples who froze embryos and later crossed the age limit. If you are in this position, discuss your records and dates with your doctor. A lawyer can advise on how the ruling applies to your facts.
A related surrogacy ruling
A similar question arose under the Surrogacy (Regulation) Act, 2021. On 9 October 2025, in Arun Muthuvel v. Union of India, the Supreme Court held that the surrogacy age bar does not apply to couples who had begun, with embryos frozen, before that Act came into force.
The Court did not strike down the age limits set by Parliament. Our page on surrogacy law in India covers the surrogacy rules in more detail.
Rules on donor eggs and sperm
Under the ART Act, donor gametes can be used only through registered ART banks. A clinic cannot source donor eggs or sperm privately.
If your treatment needs a donor, ask which registered bank the clinic works with. For surrogacy, there are extra conditions on donor gametes. These are explained on our page on donor gamete rules.
Sex selection is illegal
Sex selection is illegal in India under both the PCPNDT Act and the ART Act. No clinic may offer to choose the sex of a baby.
Advertising sex-selective ART is punishable with imprisonment of 5 to 10 years and a fine of ₹10–25 lakh. Any clinic that hints at this service is breaking the law, and you should walk away.
Report and avoid
If anyone offers sex selection or "gender choice" during IVF, do not proceed. It is a criminal offence.
What this means for you, step by step
- Check registrationConfirm the clinic's ART registration on the national registry, and its surrogacy registration if relevant.
- Check agesNote both partners' ages against the Section 21(g) limits before starting.
- Keep recordsIf embryos are frozen, keep dated records of when treatment began.
- Ask about donorsIf donor gametes are needed, confirm they come from a registered ART bank.
- Refuse illegal offersNever agree to sex selection or any payment that looks like commercial surrogacy.
Common misunderstandings
"The age limit means we must stop on our birthday"
Not if treatment began earlier. Following the Delhi High Court ruling, the limit is applied when treatment starts. Embryos frozen during that earlier treatment can still be used.
"A registered clinic can use any donor it likes"
No. Even a registered clinic must take donor gametes through a registered ART bank. Registration of the clinic and of the bank are separate requirements.
"The ART Act and the Surrogacy Act are the same law"
They are two different laws, both from 2021. The ART Act covers treatments like IVF and donor gametes. The Surrogacy Act covers who can use surrogacy and who can be a surrogate.
"Sex selection is only a problem if it is advertised"
No. Sex selection itself is illegal under the PCPNDT Act and the ART Act. Advertising it carries its own separate punishment.
Documents worth keeping
- The clinic's ART registration details.
- All signed consent forms.
- Dated records of when your treatment began.
- Embryo freezing and storage records.
- Details of the ART bank, if donor gametes were used.
These records help if you change clinics, or if a question about dates or consent arises later.
Where to go from here
The law sets the frame, and your medical plan works inside it. Consult your doctor about the treatment that fits your reports and age. For the treatment itself, see our IVF treatment page.