1 day ago
Gujarat High Court Clears IVF Bid After Son’s Suicide
A couple in Gujarat lost their 25-year-old son, who was studying medicine, to suicide.
They wanted to try IVF to have another child.
The wife was older than the legal age limit for ART treatment, but the husband was 54 and still below his limit of 55.
A clinic refused to provide treatment because of the wife’s age.
The couple went to the Gujarat High Court for help.
The court said that one spouse’s age should not automatically prevent the married couple from seeking treatment when the other spouse is still eligible.
It relied on similar decisions by other High Courts.
Doctors and the clinic must still decide whether the treatment is medically suitable and how it can be performed.
The Gujarat High Court allowed a couple in their 50s to seek assisted reproductive technology services after losing their 25-year-old son to suicide.
The woman had crossed the statutory upper age of 50 for ART services, while her 54-year-old husband remained below the 55-year limit.
The couple argued that eligibility should apply to the married commissioning couple rather than automatically disqualifying both partners when one exceeds the limit.
Justice Nirzar S Desai relied on similar rulings, including decisions from the Calcutta and Madhya Pradesh High Courts.
The ruling cancels the IVF rejection but leaves medical suitability and the specific treatment method to an authorised clinic and doctors.
- Who
- An unnamed Gujarat couple in their 50s, the Gujarat High Court, and authorised ART providers.
- What
- The court allowed the couple to seek assisted reproductive technology services despite the wife exceeding the statutory age limit.
- Where
- The couple began seeking treatment at a clinic in Mehsana, Gujarat; their son had been studying at a medical college in Jaipur.
- When
- The son died in May 2022; the judgment was dated September 2, and it set aside a rejection letter dated July 2026, as stated in the article.
- Why
- The court found that a spouse’s age-related ineligibility need not automatically bar the other spouse or the married commissioning couple from seeking ART services.
Couple’s interpretation
Initial eligibility objection
Whether one spouse’s age bars treatment
Couple’s interpretation
The couple argued that the fertility and eligibility of the married commissioning couple should be considered together, so the husband’s eligibility should allow them to seek ART services.
Initial eligibility objection
The treatment request was initially rejected because the wife had crossed 50, even though the husband was 54 and below the statutory male age limit.
Meaning of the age limits
Couple’s interpretation
The couple relied on High Court precedents holding that one spouse’s age-related ineligibility need not affect the other spouse when one partner remains within the limits.
Initial eligibility objection
The authorities initially treated the wife’s age as preventing the couple from receiving IVF treatment; government counsel opposed the petition but did not dispute the legal proposition recorded by the court.
What happens after permission
Couple’s interpretation
The couple may approach an authorised ART clinic for assessment and treatment.
Initial eligibility objection
The ruling does not require doctors to perform a specific procedure; the clinic must determine medical suitability and whether the treatment can be carried out.
Key facts
- Court
- Gujarat High Court
- Judge
- Justice Nirzar S Desai
- Relevant law
- Assisted Reproductive Technology (Regulation) Act, 2021
- Age limits under Section 21(g)
- Women must be above 21 and below 50; men must be above 21 and below 55.
- Couple’s ages
- The wife had crossed 50, while the husband was 54.
- Son’s death
- He was 25 and died by suicide in May 2022 while pursuing postgraduate medical studies in Jaipur.
- Court’s limitation
- The judgment permits access to ART services but does not guarantee a particular IVF procedure.
Quotes
Gujarat High Court
The court recording the couple’s circumstances in its judgment
“The petitioners were emotionally disturbed and, therefore, decided to have a child.”
indianexpress.com
“The present petition is required to be allowed and is accordingly allowed”
indianexpress.com
Couple’s counsel
Advocate representing the couple in the Gujarat High Court
“the fertility of the couple is required to be considered and not that of an individual partner”
indianexpress.com
Sources
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