Punjab‑Haryana High Court Bars IVF After Couples Cross Age Ceiling
The Punjab and Haryana High Court ruled that a woman cannot continue in‑vitro fertilisation if either spouse exceeds the age limit prescribed by the ART Act, even when embryos were frozen earlier. The judgment also clarified that a couple cannot be treated as a single legal unit for the purpose of the Act.
In a decisive interpretation of the Assisted Reproductive Technology (ART) Act, the Punjab‑Haryana High Court held that the statutory age ceiling applies unequivocally to each individual spouse, irrespective of prior medical procedures. The bench emphasized that the law's intent is to safeguard the health of prospective parents and the welfare of any resulting child, thereby justifying a strict adherence to the age parameters. By refusing to make an exception for embryos that had already been cryopreserved, the court reinforced the principle that legal compliance cannot be retroactively waived.
The ruling also addressed the notion of treating a married pair as a single legal entity for ART purposes. The court rejected this argument, stating that the Act delineates responsibilities and eligibility on an individual basis. This clarification removes any ambiguity for clinics and couples alike, ensuring that future applications for assisted reproduction will be evaluated with a clear, person‑centred lens. Legal practitioners will now need to advise clients on the precise age thresholds for both partners before initiating any treatment protocol.
The decision is poised to influence reproductive health policy across other Indian jurisdictions, many of which have adopted similar statutes. Fertility clinics may experience a short‑term decline in case volumes as prospective patients reassess their eligibility, while advocacy groups could intensify calls for legislative review. Over the next twelve months, the judgment is likely to catalyse a broader debate on age limits in assisted reproduction, potentially prompting amendments that balance medical safety with evolving societal expectations.
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