In a significant case that tests the boundaries of India's assisted reproductive laws, the Bombay High Court has directed a childless couple seeking IVF treatment to clarify whether they intend to use donor sperm or eggs for conception.
Court Seeks Clear Statement on Donor Usage
The bench comprising Justices Riyaz Chagla and Farhan Dubash explicitly asked the couple to "make a proper, clear statement to that effect" regarding their plans for donor gametes. This direction came after the couple's IVF center requested them to obtain appropriate orders from the high court when the husband turned 55 years old on October 2 - the maximum age limit for men under the Assisted Reproductive Technology (Regulation) Act, 2021.
While the wife remains within the legal age limit of 50 years at 47, the husband has now crossed the threshold specified by the legislation. The case highlights the practical challenges faced by couples undergoing extended fertility treatments that span multiple years.
Failed IVF Cycles and Legal Complications
Representing the couple, advocates Nikhilesh Pote and Tanmay Jadhav revealed that between June 2020 and October 2, 2025, the husband underwent several IVF cycles that unfortunately did not result in successful conception. Despite these setbacks, medical examinations conducted on October 28 certified both partners as physically fit to continue treatment.
Additional government pleader Jyoti Chavan brought attention to a recent Supreme Court judgment concerning surrogacy cases and the retrospective application of age limits. She noted that in previous matters, the Supreme Court had ruled that age restrictions would have prospective effect and wouldn't apply where the surrogacy process had already commenced.
Legal Debate Over Age Restrictions
The court engaged in a substantial discussion about the rationale behind the age limits specified in the legislation. Justice Dubash posed pointed questions about the reasoning behind setting the male age limit at 55 years, asking "Why should age be discarded? Surely the Centre had something in mind when determining the age limit of 55 years. Why not 50? Why not 60?"
Chavan highlighted the central legal question: "Here if they are going to commence a fresh process, whether the age limit will be applicable, that is the short point for consideration." The judges noted that the age requirement is consistent under both the ART Act and the Surrogacy Regulation Act.
During proceedings, Pote referenced similar cases from Calcutta and Kerala High Courts, though the Bombay bench noted these pertained specifically to donor sperm usage. When Pote indicated his clients might consider using donors and sought the court's permission, the judges pointed out this wasn't mentioned in the original petition.
Chavan revealed that in the couple's previous IVF attempts, they had utilized donor eggs, adding another layer to the complex medical and legal considerations.
Next Hearing and Future Directions
The court has adjourned the hearing to December 3 and has asked the couple's legal representatives to amend their petition to clearly state their intentions regarding donor usage. The judges specifically requested information about whether the wife plans to use donor eggs in future treatment attempts.
This case represents one of the early legal tests of the ART Act 2021's implementation and may set important precedents for how age restrictions are applied to couples who began treatment before reaching the age limit but continue beyond it.
