The Gujarat High Court has permitted a grieving couple to undergo In Vitro Fertilization (IVF), setting aside a decision that denied them access to Assisted Reproductive Technology (ART) services due to the wife's age exceeding the statutory limit prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021.
The couple approached the Court after authorities refused IVF treatment on the ground that the wife was above 50 years of age. The husband, however, was 54 years old and remained within the statutory eligibility limit of 55 years for men under Section 21(g) of the ART Act.
According to court records, the couple sought IVF treatment after suffering the tragic loss of their 25-year-old son in 2022. Owing to menopause, the wife was unable to conceive naturally, prompting the couple to seek assisted reproductive treatment.
Justice Nirzar S. Desai observed that several High Courts, including the Calcutta High Court and Madhya Pradesh High Court, had previously adopted a liberal interpretation of the ART Act. These decisions held that the age-related ineligibility of one spouse should not automatically disqualify the entire "commissioning couple" from accessing ART services.
The Court noted that the husband satisfied the statutory age requirement and that the respondents had failed to produce any contrary judicial precedent. Consequently, the Court quashed the rejection order issued in July 2026 and directed authorities to permit the couple to avail ART services.
While granting relief, the Court clarified that medical suitability and the feasibility of treatment would ultimately be determined by qualified fertility specialists and authorized ART clinics.
The ruling contributes to a growing body of judicial decisions favoring a purposive interpretation of reproductive rights and parenthood under India's evolving ART regulatory framework.