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Home / Health / Couple Fights Age Limit for IVF Treatment

Couple Fights Age Limit for IVF Treatment

27 Nov, 2025

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Summary

  • Bombay High Court heard a couple's plea against the IVF age limit.
  • The husband crossed the legal age limit of 55 for IVF treatment.
  • The court asked the couple to clarify if they will use donor sperm.
Couple Fights Age Limit for IVF Treatment

A couple challenging the age restrictions for In Vitro Fertilisation (IVF) treatment has brought their case before the Bombay High Court. The central government's Assisted Reproductive Technology (Regulation) Act, 2021, sets a maximum age of 55 for men and 50 for women undergoing IVF. The couple, married in December 2018, began their IVF journey in 2020, but their treatment was halted when the husband turned 55 in October. They are seeking an exception to continue their procedure, arguing for the right to have a child when medically fit.

The petition highlights the couple's prolonged struggle with natural conception and mentions unsuccessful IVF attempts. They reference a Calcutta High Court decision that permitted IVF using donated gametes in an analogous situation, suggesting the Act should not impede their ongoing treatment in the interest of justice. The couple asserts that age alone should not be a barrier, especially with medical fitness certified by their doctor.

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During the recent hearing, the state indicated it would not interfere but supported the enforcement of the age limit. The court emphasized the need for transparency, particularly regarding the potential use of donor sperm, a detail the couple had previously described as uncertain. The judges have directed the couple to amend their petition within a week to definitively state their intentions regarding donor gametes, a crucial step for the court's consideration.

Disclaimer: This story has been auto-aggregated and auto-summarised by a computer program. This story has not been edited or created by the Feedzop team.
The Assisted Reproductive Technology (Regulation) Act, 2021, sets the age limit for women at 50 and for men at 55 for undergoing IVF treatment.
In specific cases, couples are approaching courts to seek permission for IVF treatment if they have crossed the prescribed age limits, as demonstrated by a recent Bombay High Court hearing.
The Bombay High Court has not yet ruled on the couple's request but is hearing their plea and has asked them to amend their petition to clarify the use of donor sperm.

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