Can older couples undergo IVF treatment in India?

Yes, the Punjab and Haryana High Court has ruled that older couples can undergo IVF treatment, including the use of donor eggs, as age limits apply to individuals, not couples.

What were the grounds for denying IVF to the elderly couple?

The couple was initially denied IVF due to the husband's age exceeding 55, the need for donor eggs, potential health risks from a post-menopausal pregnancy, and concerns about sex selection.

Did the court allow the use of donor eggs for the elderly couple?

Yes, the court permitted the use of donor eggs, recognizing that the ART Act explicitly allows gamete donation and that such restrictions would defeat the statute's purpose.

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.

Punjab Court Overturns Ban on ART for Senior Parents

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.