Jabalpur, Jul 16 The Madhya Pradesh High Court has allowed a 52-year-old woman to undergo in vitro fertilisation (IVF).
A medically fit woman cannot be denied motherhood solely because she has crossed the prescribed age under the Assisted Reproductive Technology (Regulation) Act, 2021, the court said.
Justice Vishal Mishra passed the order on July 10 while allowing a petition filed by a woman and her husband, whose only son died of jaundice at the age of 21.
The couple wanted another child after their son's untimely death but were unable to conceive naturally. They decided to opt for IVF and approached a hospital, which found them medically fit after conducting the required tests.
However, the hospital declined to carry out the procedure, citing the provisions of the Assisted Reproductive Technology Act which prescribes the eligible age for women as above 21 years and below 50 years, and for men as above 21 years and below 55 years.
The couple argued that they should not be deprived of the opportunity to become parents again because of a rigid interpretation of the law.
During the hearing, they also submitted an affidavit before the court undertaking to bear all medical risks associated with the procedure.
Allowing the plea, the court held that the legislation did not prescribe a joint age limit for a couple. If a woman was medically capable of conceiving, the age limit alone can not become an impediment, the high court said.
The court permitted the couple to undergo IVF procedure at any recognised medical institution, while making it clear that the hospital would be free to take the final decision on medical grounds. But the IVF procedure shall not be denied solely because the woman is 52 years old, the judge said.
