9 hrs ago
Chhattisgarh High Court Allows Couple to Pursue IVF
A couple who have been married for about 22 years asked a court for permission to pursue IVF.
IVF is a treatment that can help people try to have a child.
The husband was older than the age limit set for men in the law.
The wife met the law’s age requirement on her own.
The court said the law does not clearly say that the husband’s age should prevent his wife from receiving treatment.
It also said her choice to try to become a parent should be respected.
The court therefore allowed the couple to pursue IVF treatment.
The Chhattisgarh High Court allowed a couple married for about 22 years to pursue IVF treatment.
The husband had crossed the statutory age limit for men under the Assisted Reproductive Technology Act.
Justice Amitendra Kishore Prasad said the law does not expressly make one spouse’s age disqualify the other.
The court said the wife independently met the statutory age requirement.
The couple’s petition said they had no surviving child.
- Who
- A married couple; the husband had crossed the statutory age limit for men, while the wife met the age requirement.
- What
- The Chhattisgarh High Court allowed them to pursue IVF treatment.
- Where
- Chhattisgarh High Court, India.
- When
- Why
- The court found that the law does not expressly make one spouse’s age a bar to treatment for the other spouse who independently meets the age requirement.
Court’s interpretation
Age-limit restriction
Effect of the husband’s age on the wife’s eligibility
Court’s interpretation
The court said the Act does not expressly make one spouse’s age an automatic bar to the other spouse’s treatment, and the wife independently met the age requirement.
Age-limit restriction
The husband had crossed the statutory age limit for men, raising the question of whether the couple could qualify for treatment under the age rules.
Key facts
- Court
- Chhattisgarh High Court
- Judge
- Justice Amitendra Kishore Prasad
- Marriage duration
- About 22 years
- Treatment
- In vitro fertilisation (IVF)
- Relevant law
- Assisted Reproductive Technology (Regulation) Act
- Couple’s circumstances
- The petition said they had no surviving child.
Quotes
Chhattisgarh High Court
The High Court whose order allowed the couple to pursue IVF treatment.
“Where the body remains capable and the heart remains willing, the desire for parenthood cannot be dismissed merely as a desire whose time has passed.”
indianexpress.com
Sources
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