The Calcutta High Court given the green light for an elderly couple to undergo in vitro fertilization (IVF). The court’s decision comes after considering the couple’s age and their desire to have a child through assisted reproductive technology. This ruling sets a significant precedent for IVF treatments for older individuals.
Kolkata: In a significant ruling, the Calcutta High Court allowed a couple from Kashipur to move forward with In Vitro Fertilization (IVF), despite the husband being older than the age limits typically imposed for assisted reproductive technology.
Justice Amrita Singh ruled in favor of the couple last Friday, addressing their challenge to existing health regulations.
Read Also: New Regulations in India: IVF Permitted for Women Over 50 Under Specific Conditions
The couple, married for 30 years without children, sought the Court’s permission on Tuesday to utilize IVF for conception. They argued that their financial stability and long-term mental readiness made them suitable candidates for parenthood regardless of their ages.
However, they encountered legal obstacles, as health regulations stipulate that men must be between 21 and 55 years old, while women should not exceed the age of 50. At 58, the husband did not meet these criteria, resulting in the initial denial of their request by health authorities.
Achin Janar, the couple’s lawyer, emphasized their preparedness and capability to raise a child, insisting that age should not be a barrier to parental fitness. After considering the arguments from both sides, Justice Singh granted the couple permission to proceed with IVF.
IVF (In Vitro Fertilization) and its Legality in India
IVF is a medical procedure where an egg and sperm are combined outside the body to form an embryo, which is then implanted in the uterus.
In India, IVF is legal and widely available, but there are specific regulations governing its practice:
- Regulatory Bodies: The Assisted Reproductive Technology (Regulation) Bill, 2020, aims to regulate ART services, including IVF, ensuring ethical practices and protecting the rights of donors and recipients.
- Eligibility: IVF is typically available to married couples facing infertility, but eligibility criteria may vary. Issues like age limits, especially for women (usually under 50) and men (under 55), can affect IVF access.
- Surrogacy: India has also implemented laws regulating surrogacy, which may sometimes intersect with IVF treatment. In 2021, India passed the Prohibition of Commercial Surrogacy Act, which bans commercial surrogacy but allows altruistic surrogacy.
- Legal Challenges: Courts in India, such as the recent Calcutta High Court decision, have weighed in on legal aspects surrounding IVF, including the eligibility of older individuals to use IVF.
IVF remains a legal and evolving field in India, with courts and lawmakers balancing technological advances with ethical considerations.