Home / Health / Punjab Court Overturns Ban on ART for Senior Parents
Punjab Court Overturns Ban on ART for Senior Parents
30 Jan
Summary
- High Court allowed IVF for a 47-year-old woman and husband over 56.
- Court cited no age limit for a couple, only for individuals.
- Arguments against donor eggs and health risks were rejected.
In a landmark decision, the Punjab and Haryana High Court has quashed an order that prevented a 47-year-old woman and her husband, aged over 56, from accessing assisted reproductive technology (ART), including IVF with donor eggs. The ruling came after the couple was denied treatment based on the husband's age exceeding the 55-year limit stipulated by the Assisted Reproductive Technology (Regulation) Act, 2021.
Justice Suvir Sehgal found the authority's grounds for denial legally unsustainable. The court held that the ART Act imposes age limits on individuals, not on the couple as a unit. This interpretation aligns with previous rulings and the explicit allowance for gamete donation within the Act. The court emphasized that denying ART based on these grounds would defeat the statute's purpose.
Furthermore, the court dismissed concerns regarding health risks associated with post-menopausal pregnancy and the potential for sex selection. Relying on the treating doctor's confirmation of the couple's fitness and their informed consent to proceed, the judge stated that potential risks are not an embargo for ART procedures. The couple, who lost their only son in July 2024, will now be permitted to undergo ART services for conception.
