Chandigarh: The Punjab and Haryana High Court has granted major relief to an elderly childless couple by allowing them to conceive through In Vitro Fertilization (IVF), setting aside an earlier decision of a medical board that had denied permission on age-related grounds.
The couple had approached the High Court after being refused approval for IVF under the Assisted Reproductive Technology (ART) Regulation Act, 2021. The plea was filed following the death of their young son in 2024, after which they sought permission to have a child through assisted reproductive technology.
Earlier, a medical board had rejected their request, citing provisions of the ART Act which prescribe an upper age limit of 55 years for men and 50 years for women seeking IVF. In this case, the husband was above 55 years of age, while the wife, aged 47, had reached menopause. Based on these factors, the board denied permission for the procedure.
Challenging the decision, the couple moved the Punjab and Haryana High Court, arguing that both were medically fit and capable of undergoing IVF despite crossing the prescribed age limits.
After examining all facts, medical reports and legal arguments, the High Court quashed the medical board’s order. The court observed that if a husband and wife are medically healthy and capable of conceiving through IVF, a blanket prohibition should not be imposed solely on the basis of age.
The court held that the couple’s fundamental right to parenthood could not be curtailed when no medical risk or incapacity was established. Accordingly, it allowed the couple to proceed with IVF treatment.
The ruling is being seen as a significant interpretation of the ART Act, highlighting the need to balance statutory limits with individual medical fitness and reproductive rights.
