Ahmedabad: Gujarat High Court has paved the way for an ageing couple to try for parenthood again, directing authorities to permit them to undergo IVF after they were earlier turned away under the Assisted Reproductive Technology (Regulation) Act, 2021.
They are seeking IVF following the death of their 25-year-old son in 2022. The couple approached the court after being denied permission on the ground that one partner had crossed the maximum age limit set under the law. Their son, a medical student at Jaipur National University Institute of Medical Sciences and Research Centre, died by suicide. The couple, shaken by the loss, later decided to try for another child.
1 (wife) has crossed the age of 50 years, which is the maximum age limit prescribed under Section 21(g) of the Act, whereas petitioner No. The couple then applied to the district medical officer on May 31 for permission, but the request was rejected on July 3 due to the age bar. 2 is 54 years of age and, therefore, falls within the eligibility criteria for undergoing IVF treatment.”
After hearing the matter, Justice Nirzar Desai said, “On perusal of the record, I find that petitioner No. They moved the High Court, where their counsel, Mohit Banker, argued that eligibility should be assessed case-by-case and that if either partner falls within the statutory age bracket, access to treatment should not be blocked.