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IVF donor egg case: Menopause no bar to ART, Punjab and Haryana HC rules

A gynaecologist had certified the couple medically fit for IVF but initially refused treatment citing the husband’s age exceeding the 55-year limit under the Assisted Reproductive Technology (Regulation) Act, 2021.

4 min readChandigarhJan 30, 2026 09:04 PM IST

Assisted Reproductive Technology, ART, IVF, donor eggs,

On the objection to donor eggs, the judge pointed out that the ART Act explicitly permits gamete donation. (File photo)

In a significant ruling for older couples seeking parenthood, the Punjab and Haryana High Court has quashed a state authority order that denied a 47-year-old woman and her husband, aged over 56, access to assisted reproductive technology (ART), including IVF with donor eggs.

Justice Suvir Sehgal set aside the February 6, 2025 order of the State Appellate Authority, holding that none of the grounds for denial were legally sustainable. The couple, Sarbjit Kaur and her husband, lost their only son to jaundice in July 2024. Their daughter is married, and Sarbjit Kaur reached menopause four years ago, making natural conception impossible.

A gynaecologist had certified the couple medically fit for IVF but initially refused treatment citing the husband’s age exceeding the 55-year limit under the Assisted Reproductive Technology (Regulation) Act, 2021. After an earlier writ petition, the authority rejected their plea on four grounds: the husband’s age, the need for donor eggs due to menopause, health risks from a post-menopausal pregnancy, and the possibility of sex selection by couples with one living child.

Justice Sehgal rejected each of these grounds.

On age limits, the court held: “This Court in Manjit Kaur and another vs Union of India and others has opined that there is no age restriction for a commissioning couple as defined under the ART Act.” The court noted that Section 21(g) of the Act imposes age limits on individuals, not on the couple as a unit. Similar rulings by the Calcutta High Court were cited, and the state conceded that no appeal had been filed against those judgments.

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On the objection to donor eggs, the judge pointed out that the ART Act explicitly permits gamete donation. “ART has been defined under the ART Act as all techniques that attempt to obtain a pregnancy by handling a sperm or the oocyte outside the human body… A gamete donor has been defined to be a person who provides sperm or oocyte with an objective of enabling an infertile couple or woman to have a child.” The court referred to statutory provisions that allow ART banks to source and regulate gamete donations.

Justice Sehgal said: “The intent of the statute would stand defeated if the reasoning given by respondent No.2 is accepted. This ground in fact violates the very spirit of ART Act as well as the Surrogacy (Regulation) Act, 2021. The second ground, therefore, cannot withstand judicial scrutiny and is rejected.”

On health risks, the court relied on the treating doctor’s affidavit that both petitioners were healthy, the wife was fit to carry a pregnancy if implantation succeeded, and the husband’s sperm count was normal. The couple had been informed of risks and were willing to proceed. The judge ruled: “The risks involved in undergoing an ART procedure and chances of the genetic abnormality in the offspring are not an embargo from undergoing the procedure under the ART Act.”

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The court also dismissed the concern over sex selection, noting there is no statutory bar on couples with one living child undergoing IVF.

“All the grounds given in the impugned order passed by respondent No.2 are not tenable and are turned down,” Justice Sehgal concluded, directing that the couple be permitted to undergo ART services, including IVF, for conception and implantation.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More