Gujarat HC Allows Elderly Couple to Pursue IVF After Son’s Death

AHMEDABAD: In a significant ruling on access to assisted reproductive technology, the Gujarat High Court has cleared the way for an elderly couple to pursue IVF treatment after authorities denied permission because the wife had crossed the statutory age limit. The couple had sought the treatment after losing their 25-year-old son to suicide in 2020 and later decided to have another child.

The court’s order came after the couple approached it following rejection of their application by the District Medical Officer. The wife, who is above 50 and in menopause, could not conceive naturally and had approached an ART clinic in Mehsana. However, the doctor declined to provide treatment, citing the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.

Under the law, the prescribed age eligibility is between 21 and 50 years for women and 21 and 55 years for men. While the wife had crossed the upper limit, her 54-year-old husband remained within the permissible age bracket.

The couple had applied to the District Medical Officer on May 31 seeking permission for IVF treatment. Their request was rejected on July 3 on the ground that the wife had exceeded the maximum age prescribed under the law.

Before the High Court, the couple’s lawyer argued that the age requirement should be assessed in the circumstances of each case and that the eligibility of one partner should be considered where the other partner has crossed the prescribed age.

The counsel pointed out that although the wife was above 50, the husband was only 54 and therefore remained within the statutory limit of 55 years. Various judicial precedents were also cited in support of the couple’s plea.

The government authorities opposed the petition. However, the submissions before the court could not overcome the legal argument concerning the husband’s eligibility.

After examining the records, the High Court noted that the wife had indeed crossed 50 years, the maximum age prescribed under Section 21(g) of the ART Act. At the same time, the court observed that the husband, aged 54, fell within the eligibility criteria.

“The age of the applicant husband is 54 years and therefore he falls within the eligibility criteria for undergoing IVF treatment,” the court observed while allowing his application.

The ruling provides the couple an opportunity to pursue IVF treatment despite the age-related objection raised by the authorities. Their case also highlights the complex legal and emotional questions surrounding assisted reproduction, particularly when statutory age limits intersect with individual circumstances and a family’s desire to have another child.