In a landmark decision, the Calcutta High Court has granted permission to a couple from Kashipur to proceed with In Vitro Fertilization (IVF) despite the husband’s age exceeding the standard limits set for assisted reproductive technology. The case, which challenged the existing health regulations, was ruled in favor of the couple by Justice Amrita Singh last Friday.
The couple, who have been married for 30 years without children, applied to the High Court on Tuesday, seeking permission to use IVF to conceive. They argued that their financial stability and long-term mental preparation made them suitable candidates for parenthood, regardless of age. However, they faced legal hurdles as health regulations typically require the man to be between 21 and 55 years old, while the woman’s age must not exceed 50. The husband, aged 58, did not meet these criteria, leading to their initial request being denied by the health authorities.
Legal representation for the couple, led by lawyer Achin Janar, highlighted their readiness and capability to raise a child, asserting that age should not be a determinant of parental adequacy. After hearing the arguments from both sides, Justice Singh granted permission for the couple to proceed with IVF.
