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.

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.