The Gujarat High Court permitted a married couple to opt for In Vitro Fertilization (IVF) to conceive a child who were denied the same by authorities on ground of the wife crossing the upper age limit of 50 years prescribed under the Assisted Reproductive Technology Act, even though the husband was within the age limit of 55 years. 

In doing so, the court referred to various judgments where couples were permitted to opt for IVF observing that even if one spouse is ineligible for IVF under the Assisted Reproductive Technology Act, the procedure can be allowed if the other spouse is within the age eligibility. 

The court was hearing a couple's plea seeking a direction to the respondents to let them avail Assisted Reproductive Technology (ART) services to a conceive a child.

The couple submitted that after they lost their 25-year-old son to suicide, they decided to have another child. The couple, who also have a daughter, said that the wife was unable to conceive naturally. Hence, they decided to opt for IVF and approached a doctor.

The doctor refused to provide IVF treatment to the petitioners on the ground that petitioner No.1-wife had exceeded the upper age limit prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021, whereas petitioner No. 2-husband is 54 years old.

As per Section 21(g) of the Act, clinics can apply ART services only to a woman above the age of 21 years and below the age of 50 years, and to a man above the age of 21 years and below the age of 55 years.

It was submitted that since the wife had crossed the age of 50 years and husband is 54 years old, the concerned authority refused to provide IVF treatment to the petitioners. The petitioners, therefore, made a representation to the respondents, which came to be rejected, against which they moved the high court.

Justice Nirzar S Desai referred to the term “commissioning couple” under Section 2(e) which means an infertile married couple who approach an ART clinic or bank for obtaining their services.

The high court referred to Calcutta High Court's decision in Sanchita Ghosh and others v. Union of India (2024) where the court had permitted a couple to opt for ART after observing that one of the spouses qualified the upper age limit as stipulated in Section 21(g), irrespective of the fact that the other spouse does not so qualify. 

Referring to other judgments the high court said:

"Considering the fact that there are a series of judgments taking a similar view, I do not deem it appropriate to reproduce all the relevant paragraphs of all the judgments, as all these judgments have taken a similar view. 
In view of the aforesaid discussion and as learned counsel appearing for the respondents could not produce any judgment taking a contrary view, the present petition is required to be allowed and is accordingly allowed in terms of the prayer made in paragraph 13(D) of the petition".

The plea was allowed.

Also Read: Age Bar Under Assisted Reproductive Technology Act Applies To Individuals, Not Couples: P&H High Court Allows IVF To Bereaved Parents

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

Also Read: Married Woman Of Eligible Age Can Undergo IVF Treatment Despite Husband's Ineligibility Provided He Consents: Kerala High Court

Case title: X v/s THE CHIEF MEDICAL OFFICER CUM CIVIL SURGEON AND THE APPROPRIATE AUTHORITY & ORS

R/SPECIAL CIVIL APPLICATION NO. 10101 of 2026

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