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Calcutta HC: Wife's Age Key for IVF Eligibility
19 Jan
Summary
- Calcutta High Court allowed IVF for a 47-year-old wife, overriding husband's age limit.
- The couple sought IVF due to the loss of their first child and another child's disability.
- The court emphasized the wife met the age criteria for assisted reproductive technology.
The Calcutta High Court has granted a married couple, aged 47 and 58, the right to pursue In Vitro Fertilization (IVF) treatment. Justice Krishna Rao ruled that the wife, being 47, met the age criteria for Assisted Reproductive Technology (ART), and this eligibility overrides the husband's age of 58, who falls outside the prescribed limit.
The couple's plea was motivated by the tragic loss of their elder child in December 2025 and the ongoing challenges with their other child who is mentally and physically challenged. They sought to conceive another child via IVF to build their family.
The court directed an ART clinic to consider the couple's request, leaving the decision on using donor gametes or the husband's gametes to the clinic's discretion. This ruling, made on January 19, 2026, offers a glimmer of hope for families navigating advanced reproductive technologies.
