After losing son, elderly couple gets High Court nod for IVF despite crossing age cap
Man is over 55 years of age, while the wife, aged 47, has already reached menopause; they lost their son in 2024
PTC Web Desk: The Punjab and Haryana High Court has granted relief to an elderly childless couple, allowing them to conceive through In Vitro Fertilization (IVF), despite exceeding the age limits set under the Assisted Reproductive Technology (ART) Regulations Act, 2021.
The couple had approached the High Court after a medical board had denied their request to use IVF. According to the board, the husband was over 55 years of age, while the wife, aged 47, had already reached menopause. The ART Regulations stipulate that for IVF, the wife’s age must be between 21 and 50 years, and the husband’s age between 21 and 55 years.
The couple’s petition followed the tragic death of their young son in 2024. They sought the court’s permission to conceive again using IVF technology.
After considering all arguments and medical facts, the High Court overturned the medical board’s decision. The court observed that if both husband and wife are medically fit and capable of conceiving via IVF, age alone should not be a barrier. Consequently, the court allowed the couple to proceed with IVF treatment.
This landmark decision highlights the judiciary’s recognition of the emotional and medical rights of couples seeking assisted reproduction, even when they surpass statutory age limits.