MP High Court Permits 52-Year-Old Woman To Undergo IVF Despite 50 Yrs Age Bar Under ART Act

The Madhya Pradesh High Court has allowed a 52-year-old woman to undergo the in vitro fertilisation process despite the upper age limit of 50 years prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021. [2026 LiveLaw (MP) 274]

Relying on multiple High Court judgments regarding a patient's waiver of medical liability, mutual consent of the parties to accept all consequences and the doctor's opinion confirming the patient's fitness, the bench of Justice Vishal Mishra directed:

"this Court deems it appropriate to permit the petitioners to undergo Assisted Reproductive Technology (IVF) at any Institution of their choice. The Institution is at the liberty to examine the petitioners and take a decision with respect to the fact that whether Assisted Reproductive Technology (IVF) can be performed or not. The case of the petitioners will not be rejected on the ground of age barrier as the petitioner no. 1 is 52 years of age". 

A petition was filed by a couple over the inaction of respondent no 2 (hospital) in not processing their case for having a child through IVF on the grounds that the wife is over 50 years of age and therefore the procedure cannot be allowed due to age restriction under the ART Act. 

The petitioners claimed that their first child, aged 21 years, died after suffering from organ failure due to jaundice. The petitioners claimed that after the death of their only child, they are left with no child and cannot naturally conceive owing to their age. 

The counsel for the petitioner argued that the hospital had performed the tests on the wife and she was found medically fit to bear a child, but their process was rejected merely because of the upper age limit prescribed for women in the ART Act. 

They referred to Kerala High Court cases of Sajitha Abdul Nazar vs Union of India and Union of India vs. Devayani S, Calcutta High Court case of Shyamoli Saha vs State of West Bengal and more cases wherein permission was granted to the couple. 

The court, while relaxing the age barriers under the ART Act, observed,

"The fact remains that if the doctors are of the considered opinion that the petitioner no.1 being patient is fit for Assisted Reproductive Technology, the age barrier will not come in her way for doing the same."

The court noted that the wife was found to be medically fit to have a child, and therefore, following the judgments laid down in the MP High Court case of Kajal Jwala v State of MP [WP 30477/2023], the court recorded the consent of the couple to face all consequences and waive doctors' liability.  

Case Title: B v State of Madhya Pradesh, WP-1233-2026

Citation: 2026 LiveLaw (MP) 274

For Petitioners: Senior Advocate Prakash Upadhyay with Advocate Parth Pandey 

For State: Advocate Aakash Malpani

Click here to read/download the Order