Calcutta High Court Steps In for Couple Seeking IVF Despite Husband's Age
The Calcutta High Court has granted permission to a married couple to undergo In Vitro Fertilization (IVF) treatment. This decision comes even though the husband's age exceeds the prescribed limit under current regulations.
Court's Rationale for the Decision
Justice Krishna Rao presided over the case involving a 47-year-old wife and her 58-year-old husband. The couple sought to conceive a child through Assisted Reproductive Technology (ART) services, including IVF.
The court emphasized that the wife meets the age criteria specified in the Assisted Reproductive Technology (Regulation) Act of 2021. Justice Rao noted that the wife is medically fit and fully capable of caring for children.
The ruling stated clearly: "The petitioners will be entitled to have the benefit of assisted reproductive technology and can approach an appropriate clinic for having such services... irrespective of the fact that the other spouse does not so qualify."
Background of the Couple's Situation
The couple experienced significant personal tragedy before seeking fertility treatment. Their first child passed away at age 28 in December 2024. Their other child faces both mental and physical challenges.
Following advice from well-wishers and family members, the couple visited an infertility clinic in July 2025. Medical professionals confirmed the wife's eligibility for pregnancy but noted that the husband's age required court permission for IVF treatment to proceed.
Importantly, the court found that the couple did not challenge the validity of the ART Act itself. They simply sought relief based on previous court judgments in similar matters.
Legal Arguments Presented
Advocate Deblina Lahiri represented the couple, citing previous rulings from both the Calcutta High Court and Kerala High Court to strengthen their case.
State advocate Partha Ghosh opposed the plea, arguing that the couple was challenging the provisions of the ART Act. The court ultimately disagreed with this interpretation.
Clinic's Discretion in Treatment
The High Court directed the fertility clinic to consider the couple's request. It left the decision about using donor gametes or the husband's gametes entirely to the clinic's medical discretion.
Contrast with Other Court Rulings
This decision differs from a recent Gauhati High Court ruling that dismissed a similar plea. The Gauhati court upheld age limits for both spouses, citing medical science, ethical standards, and child welfare considerations.
The Calcutta High Court's approach focuses on individual circumstances where one spouse qualifies under the law, even if the other does not meet age requirements.
This case highlights how courts are interpreting India's relatively new ART regulations. It shows judicial willingness to consider compassionate circumstances while working within the legal framework established by Parliament.
