Court holds age-related restrictions under Assisted Reproductive Technology (Regulation) Act, 2021, apply to individual partners, not the couple collectively, allowing petitioners to avail IVF services.
In a landmark judgment dated September 2, 2026, the Gujarat High Court, presided over by Justice Nirzar S. Desai, clarified the application of the Assisted Reproductive Technology (Regulation) Act, 2021, specifically regarding age eligibility criteria for commissioning couples seeking In Vitro Fertilization (IVF) services. The Court ruled in favor of Sumitraben Shaileshkumar Patel and her husband, allowing them to avail IVF treatment despite the wife being above the prescribed upper age limit.
The petitioners, a married couple from Gujarat, approached the Court after their request for IVF treatment was denied by medical authorities. The refusal was based on Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, which stipulates that assisted reproductive technology services can be provided only to women aged between 21 and 50 years and men aged between 21 and 55 years. The wife, petitioner No.1, had crossed the age of 50, whereas her husband was 54 years old, within the permissible limit.
The couple sought the Court's intervention after their representation to the Chief Medical Officer and other authorities was rejected. The petitioners argued that the Act defines a "commissioning couple" as an infertile married couple seeking IVF services, and the eligibility should be assessed for the couple as a unit rather than individually. Since the husband was within the age limit, they contended that the age ineligibility of the wife should not bar them from accessing IVF.
Justice Desai, after hearing submissions and considering precedents, notably the Calcutta High Court's decision in Sanchita Ghosh v. Union of India (2024) and the Madhya Pradesh High Court's ruling in Babita A. Singh v. State of Madhya Pradesh (2026), concurred with the petitioners' interpretation. The Court emphasized that the Act's Preamble underscores the regulation and ethical supervision of assisted reproductive technology while facilitating reproductive health needs.
The Court noted that Section 2(e) of the Act defines a commissioning couple as a unit. Section 21(g) sets separate age limits for men and women but does not impose a combined age restriction on couples. Therefore, the age bar applies to individual partners and not collectively to the couple. The Court held that if either partner meets the statutory age criteria, the couple is entitled to avail IVF services.
The judgment also clarified that while the clinic has discretion whether to use the gamete of the ineligible partner, the couple as a unit cannot be denied treatment solely based on one partner's age. The Court further observed that the Act aims to assist couples facing infertility challenges without imposing unreasonable barriers.
The ruling is significant as it aligns with a series of High Court decisions adopting a liberal and purposive interpretation of the Assisted Reproductive Technology (Regulation) Act, 2021, to prevent discriminatory or restrictive practices. It reinforces the rights of couples to access reproductive technologies and ensures that statutory provisions are read in consonance with the Act's humanitarian objectives.
The petition was allowed, quashing the impugned order denying treatment, and the respondents were directed to permit the petitioners to undergo IVF treatment. The Court dismissed any costs and allowed direct service of the order.
This decision is expected to guide medical authorities and assisted reproductive technology clinics across the country in interpreting age eligibility norms, ensuring couples are not unfairly denied the opportunity to conceive through IVF.
Bottom Line:
Assisted Reproductive Technology (Regulation) Act, 2021 - A commissioning couple where one partner is fertile and eligible under the age limit prescribed in Section 21(g) is entitled to avail IVF services, even if the other partner has crossed the age limit. Age-related ineligibility of one partner need not affect the eligibility of the couple as a unit.
Statutory provision(s):
Assisted Reproductive Technology (Regulation) Act, 2021 Sections 2(e), 21(g)
