The Gujarat High Court has opened the door for an ageing couple from Gujarat to try for parenthood again after the couple was denied permission for IVF because the wife had crossed the maximum age limit under the Assisted Reproductive Technology (Regulation) Act, 2021.
The couple approached the High Court after losing their 25-year-old son in 2022. Their son, who was studying medicine at the Jaipur National University Institute of Medical Sciences and Research Centre, died by suicide. After being deeply affected by his death, the couple decided to try for another child.
The High Court directed the authorities to allow them to undergo IVF treatment, noting that while the wife had crossed the prescribed age limit, her 54-year-old husband was still within the eligibility criteria.
Couple Was Denied IVF Because of Age
The woman is menopausal and cannot conceive naturally. The couple therefore approached an ART clinic in Mahesana to explore IVF treatment.
However, the doctor declined to take up their case, citing the age limits under the Assisted Reproductive Technology (Regulation) Act, 2021.
Under the provisions referred to in the case, the prescribed age range is 21 to 50 years for women and 21 to 55 years for men.
The wife had crossed the maximum age of 50, while the husband was 54 years old.
The couple then approached the district medical officer on May 31 seeking permission to undergo the treatment. Their request was rejected on July 3, again citing the age restriction.
Couple Moved Gujarat High Court
After the rejection, the couple approached the Gujarat High Court.
Their counsel, Mohit Banker, argued that eligibility for IVF should be examined on a case-by-case basis. He argued that treatment should not be denied when one of the two partners still falls within the age permitted under the law.
The petitioners also relied on earlier judgments that supported their position.
Government authorities opposed the couple’s plea, although their counsel did not contest the legal proposition raised by the petitioners.
Court Says Husband Falls Within IVF Eligibility
After hearing the matter, Justice Nirzar Desai examined the ages of both petitioners and the requirements under the law.
The court noted that the wife had crossed the maximum age of 50 years prescribed under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act.
However, the husband was 54 years old, which placed him within the statutory age limit for men.
The court therefore found that the husband fell within the eligibility criteria for undergoing IVF treatment and paved the way for the couple to proceed with the treatment.
The decision gives the bereaved couple an opportunity to pursue their wish to become parents again after the devastating loss of their 25-year-old son.
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