Waiving legal age limit, court allows 51-year-old woman to undergo IVF treatment to conceive again | Legal News
Recent judicial rulings have challenged the strict application of statutory age limits for In-Vitro Fertilisation (IVF) treatments, prioritizing individual health and emotional circumstances over rigid regulatory boundaries.
In a significant decision, the Punjab and Haryana High Court permitted a woman over the age of 50 to undergo IVF, despite the Assisted Reproductive Technology (ART) Act setting the limit at 21 to 50 years for women and 21 to 55 years for men.
Legal Exceptions for Reproductive Treatment
Justice Jagmohan Bansal granted the plea of a 51-year-old woman and her 54-year-old husband. The couple had previously conceived twins via IVF in 2023, though only one healthy female child survived the pregnancy.
The couple sought a second child, but were initially denied services by a fertility centre because the woman had exceeded the age of 50. Their counsel argued that the woman remained in good health with no major medical conditions that would hinder a second delivery.
The court allowed the treatment on the condition that the couple furnish an undertaking to the competent authority. This document accepts full responsibility for any injury or damage the woman might sustain as a result of the procedure.
Addressing Permanent Deprivation of Parenthood
A similar precedent was set by the Chhattisgarh High Court, where Justice Amitendra Kishore allowed a couple to proceed with IVF despite the husband being 55 years old.
This couple had suffered the loss of their only child in 2022, leading to significant emotional and psychological distress. The court noted that the wife, aged 49, remained within the statutory age limit and both partners were medically fit.
The court ruled that denying treatment in this instance would constitute a “permanent deprivation” of their right to experience parenthood. Justice Kishore emphasized that the ART Act is a beneficial and regulatory legislation intended to facilitate ethical technology, not to create unreasonable barriers.
Implications for Future Cases
These decisions suggest that statutory age limits may not be absolute when faced with exceptional personal circumstances or proven medical fitness.
Future petitioners could potentially seek similar relief by demonstrating a lack of major medical conditions or proving that a strict denial of service would result in irreparable personal loss.
This proves likely that fertility centres may see an increase in requests for judicial intervention when patients fall slightly outside the prescribed age brackets, provided they can offer legal undertakings regarding risk.
Frequently Asked Questions
What are the statutory age limits for IVF under the ART Act?
The limits are 21 to 50 years for women and 21 to 55 years for men.
What condition did the Punjab and Haryana High Court set for the woman over 50 to receive treatment?
The couple was required to furnish an undertaking before the competent authority accepting responsibility for any injury or damage caused by the treatment.
Why did the Chhattisgarh High Court allow a man over the age limit to undergo IVF?
The court cited the couple’s irreparable personal loss of their only child and ruled that denial of treatment would result in the permanent deprivation of their right to parenthood.
Do you believe medical fitness should override statutory age limits in reproductive healthcare?