Can one spouse’s age stop a couple from IVF? Calcutta High Court steps in for 58-year-old man

Finding

• Justice Rao noted that the couple decided to visit an infertility clinic to conduct the process of IVF on the advice of the well-wishers and family members.
• It was found that the couple in their petition has not challenged any vires of the Assisted Reproductive Technology (Regulation) Act, 2021, but has only sought relief by referring to various other judgments passed by this court in similar matters.
• The court noted that the wife is under the prescribed age limit of the Assisted Reproductive Technology (Regulation) Act, 2021, but the husband has surpassed the prescribed age limit to avail such benefits.
• The wife has the capacity to look after the children and has moved to the hospital to undergo the IVF process for another child.
• It was further noted that the couple visited the ART clinic in July 2025, where the doctor had opined that the wife is eligible for pregnancy, but because of the husband’s age, the court’s permission is required for further treatment to adopt the IVF process.

• The high court instructed the clinic to consider the couple’s request and left it to the clinic’s discretion to decide whether donor gametes or the over-aged husband’s gamete may be used for availing the ART services.

Arguments

• One of the counsels appearing for the couple, advocate Deblina Lahiri, submitted and referred the previous judgments of the Calcutta High Court along with the Kerala High Court to stregthen thir case.
• On the contrary, representing the state, advocate Partha Ghosh opposed the plea of the couple and argued that they have challenged the vires of the Assisted Reproductive Technology (Regulation) Act, 2021.

Other courts on ART, age limit

In a previous and unrelated matter, the Gauhati High Court dismissed a plea of a married couple challenging the provision dealing with the age limits in the Assisted Reproductive Technology (Regulation) Act, 2021.

The court noted that the provision pointing to the availing of the Assisted Reproductive Technology has a prescribed age limit for both husband and wife and found it to be based on “considerations of medical science, ethical standards, and the welfare of both the woman undergoing treatment and the child to be born”.