Ahmedabad, 2 September 2026: The Gujarat High Court has ruled that a married couple can seek IVF even if the wife is above 50, as long as the husband is within the age limit. Justice Nirzar S. Desai passed the order on 2 September 2026.
- The couple approached an IVF clinic in Mehsana. The clinic refused because the wife had crossed 50, the upper age limit for women under the Assisted Reproductive Technology (Regulation) Act, 2021
- Her husband was 54. The limit for men is below 55
- Their request to the authorities was rejected, so they went to the High Court
- The court set aside the rejection and allowed the couple to approach an authorised ART clinic
What Did the Court Say?
- Section 21(g) of the ART Act allows clinics to provide services to a woman above 21 and below 50, and a man above 21 and below 55
- The court read these as two separate limits for two individuals. The Act does not set one age limit for a couple as a unit
- So a couple cannot be turned away only because one spouse is over the limit, if the other is within it
- The court followed earlier decisions of the Calcutta, Madhya Pradesh, and other High Courts
What This Does Not Mean
- It is not a general right to IVF after 50. The order dealt with one married couple where one spouse was within the limit
- The Act itself has not changed
- The final medical decision still rests with the authorised ART clinic and the treating doctors
- If both spouses are over their limits, this ruling does not help
What Couples Should Know
- Age limits in the ART Act are applied person by person, and courts have read them this way in several states
- A clinic’s refusal is not always the end of the road. Some couples have gone to court, which takes time
- Get clarity on your clinic’s position, and on the paperwork, before starting treatment
How ConsultGrab Helps You
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Read More: Best IVF Treatment in Delhi
Frequently Asked Questions (FAQs)
Clinics can provide ART services to women above 21 and below 50, and men above 21 and below 55, under Section 21(g).
Not as a general right. The Gujarat High Court allowed one couple because the husband was within the limit, and the clinic still makes the medical decision.
No. It is a High Court order that interprets the existing law for one couple.
Disclaimer: This article is for general information and is not legal or medical advice. Please consult a qualified professional about your situation.
Sources
Court Reporting: Supreme Court Observer · SCC Online · LiveLaw
The content has been independently written and simplified for educational purposes.
