In a notable legal development, the Punjab and Haryana High Court has granted permission to a 51-year-old woman to undergo IVF treatment, even though the Assisted Reproductive Technology (ART) Act sets the age limit for women seeking IVF between 21 and 50 years.
The couple approached the court after a fertility clinic declined treatment on the grounds that the woman had crossed the permissible age. According to court records, the woman had previously undergone IVF in 2023 and successfully delivered a healthy baby girl. Hoping to expand their family further, the couple sought another round of treatment.
During the hearing, the petitioners argued that the woman was medically fit and had no serious health complications that would prevent her from safely carrying a pregnancy. Their counsel also referred to earlier court rulings where exceptions had been made in similar circumstances.
The Union government’s counsel did not oppose the legal precedent but suggested that the couple should submit an undertaking accepting responsibility for any potential risks associated with the treatment.
Justice Jagmohan Bansal accepted this condition and directed the couple to furnish the required undertaking before the fertility centre proceeds with the IVF process.
The judgment has sparked discussion around reproductive rights, medical eligibility, and whether rigid age limits should allow room for exceptional cases. Supporters believe such decisions recognize individual medical conditions and personal circumstances rather than relying solely on numerical age restrictions.
The matter also highlights how courts are increasingly interpreting reproductive laws in a more compassionate and flexible manner, especially when couples demonstrate medical fitness and genuine intent to pursue parenthood.
A similar case was recently seen in the Chhattisgarh High Court, where another couple received permission for IVF treatment under exceptional circumstances after losing their only child. The court observed that reproductive laws should facilitate ethical access to fertility treatment instead of creating unreasonable barriers.
These rulings may influence future legal discussions regarding age-based restrictions in assisted reproductive treatments across India.
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