Court Permits Couple in Their Fifties to Pursue Parenthood Through Assisted Reproductive Technology
In a landmark decision, the Madhya Pradesh High Court has granted permission to Babitha A Singh and her husband, allowing them to undergo In Vitro Fertilization (IVF) despite surpassing the age limits set by the Assisted Reproductive Technology (Regulation) Act, 2021. This judgment marks a significant departure from statutory age restrictions, emphasizing the role of courts in addressing unique individual circumstances.
The petitioners, a married couple aged 52 and 50 respectively, sought IVF treatment following the tragic loss of their only child, Alen Singh, who passed away at 21 due to organ failure and jaundice. With no natural means to conceive due to age, the couple approached a hospital for IVF but were denied based on Section 21 of the Assisted Reproductive Technology (Regulation) Act, which limits the age for women to 50 and men to 55 for such procedures.
Judge Vishal Mishra of the Madhya Pradesh High Court presided over the case, acknowledging the couple's willingness to bear the risks associated with the procedure. The court highlighted that the statutory age limits should not create an unconstitutional distinction between individuals based on marital status and age. It was determined that the age restrictions did not apply as a composite limit for couples, allowing the petitioners to proceed with IVF if medically fit.
The judgment drew on precedents from similar cases across various High Courts, including Kerala, Calcutta, Punjab, and Haryana, where age barriers were relaxed under judicial scrutiny. The court's decision was influenced by medical opinions confirming the petitioner's fitness for ART services, thereby overriding age-related limitations.
Furthermore, the court ordered that the couple's identities remain confidential under Section 21(e) of the ART Act, ensuring privacy and protection. This ruling sets a precedent for future cases, potentially influencing legislative considerations around age limitations in reproductive technology services.
The court's decision underscores the judiciary's role in interpreting laws with empathy and adaptability to individual circumstances, providing hope to others in similar situations seeking parenthood through assisted means.
Bottom line:-
Assisted Reproductive Technology (ART) - Age barrier for undergoing IVF procedure under the Assisted Reproductive Technology (Regulation) Act, 2021 can be relaxed by courts if the petitioners are medically fit and ready to bear the risks at their own discretion.
Statutory provision(s): Assisted Reproductive Technology (Regulation) Act, 2021 Sections 21(e), 21(g)
Babitha A Singh v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2941335
