Calcutta High Court allows over age couple to avail IVF, emphasises right to parenthood [Read Judgment]

Kolkatta: The Calcutta High Court has delivered a landmark judgment allowing an infertile couple to access Assisted Reproductive Technology (ART) services despite the husband being above the prescribed age limit, thereby highlighting the importance of reproductive rights.

Calcutta HC Upholds Reproductive Rights: Over-Age Couple Granted IVF Access

Justice Amrita Sinha addressed the case of a childless couple seeking ART services after 30 years of marriage, where the wife met the age criteria but the husband, aged 58, exceeded the 55-year limit set by law.

The court examined whether the petitioners would be eligible under the Assisted Reproductive Technology (Regulation) Act, 2021, which stipulates that the service is available to women aged 21–50 and men aged 21–55.

Landmark Judgment on Parenthood: High Court Allows IVF Beyond Age Limit

The court noted: “The term ‘patient’ in the Act permits an individual to avail the facility of Assisted Reproductive Technology irrespective of gender. The Act does not bar an individual partner of a married couple from availing ARTS independently.”

Addressing the medical aspects, the court observed: “The medical report of the wife discloses that the lady is physically fit to hold the embryo. Apart from being a supportive partner to the lady, the man does not have any role in the birth of the child. The lady acts as the gestational carrier.”

The court emphasized the principles of justice, stating: “If the woman is not allowed to avail ARTS citing Section 21(g) even though she is eligible, it will be sheer injustice to her. For the ineligibility of the husband, the wife ought not to suffer.”

Making a significant observation about the husband’s role, the court noted: “The husband has claimed that he is financially strong to bear the expenses of the procedure. Apart from providing moral and financial support to the wife, the husband hardly has a role to play.”

The court directed the respondent clinic to provide ART services to the petitioners, effectively setting a precedent for similar cases where one spouse exceeds the age limit but the other remains eligible.

Mr. Achin Jana, Mr. Bhaskar Dalui, Ms. Gargi Dhang, and Ms. Chetna Rustagi appeared for the petitioners.
Mr. Biswabrata Basu Mallick, AGP, and Mr. Debraj Sahu appeared for the State.
Mr. Dhananjay Banerjee, Mr. Suman Chakraborty, and Mr. Prosenjit Ghosh appeared for respondent no. 4.

Case title: X vs. The State of West Bengal & Ors.
WPA No. 23776 of 2024
 

[Read Judgment]