Gujarat HC Grants IVF Hope to Couple Over Age Limit

A Gujarat couple in their 50s, who lost their only son to suicide, has been granted permission by the Gujarat High Court to pursue IVF treatment. The wife had crossed the statutory age limit of 50 years for assisted reproduction, while her husband was 54, falling within the prescribed limit. The couple's request was initially rejected by authorities based on the Assisted Reproductive Technology (Regulation) Act, 2021, which sets age limits for both men and women. The court's decision on September 2, 2026, overturned this rejection.

Justice Nirzar S Desai, in a detailed judgment, noted that the couple sought to rebuild their family after the tragic loss of their 25-year-old son, a doctor, in Jaipur. Their lawyer successfully argued that the law should consider the couple's eligibility as a unit, not disqualify them based on one spouse exceeding the age limit. The court was influenced by a series of High Court precedents, including a ruling from the Calcutta High Court, which held that the age-related ineligibility of one spouse need not prevent the other from seeking treatment.

The court found that the respondents could not present any judgment contradicting this legal proposition. Consequently, the Gujarat High Court allowed the couple's petition, quashing the previous rejection and permitting them to avail themselves of Assisted Reproductive Technology services. The final medical suitability and treatment procedures will be determined by the clinic and treating doctors.