Calcutta High Court has ruled that a woman eligible under the Assisted Reproductive Technology (ART) Act, 2021, cannot be denied IVF treatment simply because her husband is older than the prescribed age limit. The decision came while hearing the plea of a couple, married since 2014, who had been trying to have a child for over a decade but were refused treatment because the husband was 57 years old. The court said denying the woman access to IVF despite her meeting all medical and legal requirements would be unfair, and directed the hospital to provide the treatment in accordance with the law.
Court explains why IVF eligibility under ART Act cannot depend only on husband’s age
As per reports, Justice Krishna Rao observed that an overaged husband should not prevent an otherwise eligible wife from exercising her reproductive rights, particularly when he has no physical role in the ART procedure. The court said, “Apart from being a supportive partner to the lady, the man does not have any role in the birth of the child. The lady acts as the gestational carrier. The medical report of the lady suggests that she is currently physically fit to hold the embryo, which means that the lady is eligible to avail ARTs both age-wise as well as health-wise.”
The couple had approached the Calcutta High Court after a hospital refused to carry out IVF using sperm and ovum from an ART bank. Their lawyer, Advocate Swapnadwip Roy, argued that although both were medically fit, the husband crossed the upper age limit of 55 years prescribed for men under the ART Act, while the wife, aged 49, remained eligible. He also relied on the court’s 2024 ruling in Shyamoli Saha vs State of West Bengal, where IVF was allowed despite the husband’s age.
Provisions of ART Act and interpretation of Calcutta High Court
Reports say that the respondents, through their Advocates Sudipa Banerjee and Manisha Paswan, pleaded that since the age of the wife was 49 years and the age of the husband was 57 years, both did not meet the requirements under Section 21(g)(ii) of the ART Act, 2021.
However, the court looked at the Assisted Reproductive Technology (Regulation) Rules, 2022, where informed consent before IVF procedures are to be provided. In such cases, the couples are informed that egg harvesting/embryo transfer does not always have to be successful, and there can be no guarantee of conception or the delivery of a healthy baby.
Judgment says ART services can be accessed individually
As per reports, the court stressed that the ART Act defines a “patient” as an individual or couple and does not prevent one partner from seeking ART services independently. It observed that a married woman can approach an ART clinic on her own if she satisfies the eligibility conditions and that clinics have no authority to refuse treatment solely because the husband does not qualify.
It further noted that the wife’s medical report confirmed she was physically fit and eligible both in terms of age and health. Since the couple shared a cordial relationship, they had jointly approached the clinic as a commissioning couple.
Why the Calcutta High Court allowed IVF despite husband’s age
Reports say that while recognising that the age limits under the ART Act serve a legitimate purpose in preventing misuse of reproductive technology, the court said the law should not be interpreted in a way that defeats its purpose.
The court held that the wife should not be deprived of IVF because of her husband’s age when he has “no physical participation in any of the procedures involved in the birth of the child.” It concluded that the couple was eligible to receive treatment and directed the hospital to provide ART services in accordance with the law.
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Khalid Lateef is a Sub-Editor at NewsX Digital, specializing in Indian politics and global affairs. He also covers viral trending stories and major crime developments.
