Over-Age couple granted permission for IVF by Calcutta High Court

In a groundbreaking decision, permission for undergoing in-vitro fertilization (IVF) treatment has been granted to an over-age couple by the Calcutta High Court. The ruling was issued in favor of the couple, aged 59 and 46, after treatment had been denied due to the husband's age exceeding limits set under the Assisted Reproductive Technology (Regulation) Act, 2021.

The decision has been hailed as a significant development, providing hope for numerous couples in similar situations. Efforts to conceive had been undertaken by the petitioners for several years, with multiple fertility treatments tried before being denied IVF due to the statutory age restriction.

The right to parenthood has been affirmed as a fundamental right in the court's judgment. It was stated by the court that arbitrary restrictions on this right cannot be imposed by the state. The Assisted Reproductive Technology (Regulation) Act, 2021, was interpreted as not creating discriminatory barriers based on marital status, ensuring equitable access to reproductive technology services.

The ruling also addressed the interpretation of the Act, noting that its provisions did not distinguish between married and unmarried women. Through this clarification, it was emphasized that equitable access to assisted reproductive technologies should be ensured for all individuals, irrespective of personal circumstances.

Significant implications for individuals and couples seeking reproductive assistance are expected to result from this judgment. The recognition of the right to parenthood and the removal of barriers based on arbitrary age restrictions may influence policies and practices surrounding fertility treatments across the country.

The High Court's decision has been described as a victory for personal autonomy and reproductive rights. Advocacy for assisted reproductive technologies and the interests of hopeful parents has been strengthened by this precedent.

By addressing the specific challenges faced by the couple in this case, wider issues in the application of the Assisted Reproductive Technology (Regulation) Act have been brought to light. It is anticipated that greater legal clarity and support will be provided to individuals seeking reproductive assistance in the future.

The judgment has sparked discussions on the importance of balancing medical guidelines with the fundamental rights of individuals, fostering hope for those who have struggled with similar challenges.