Gujarat High Court: ART Act Individual Age Applies to Spouses, Not Couples

• The Gujarat High Court ruled that age criteria under Section 21(g) of the ART Act, 2021, apply to individuals, not the couple as a unit.
• This means a couple can access Assisted Reproductive Technology services if one spouse meets the age requirements, even if the other exceeds them.
• The court specifically allowed a couple to avail IVF services despite the wife being over the prescribed age limit.
• This interpretation is consistent with previous decisions by other High Courts, including Calcutta and Madhya Pradesh.

If one spouse meets the prescribed age requirements, the couple cannot be denied access to Assisted Reproductive Technology services, even if the other spouse has surpassed the upper age limit.

The Gujarat High Court recently issued a significant ruling clarifying the application of age criteria under India's Assisted Reproductive Technology (Regulation) Act, 2021. In a decision that directly impacts access to fertility treatments, the court determined that the age restrictions stipulated in Section 21(g) of the ART Act apply to individual members of a "commissioning couple," rather than to the couple as a singular entity. This interpretation means that if one spouse meets the prescribed age requirements, the couple cannot be denied access to Assisted Reproductive Technology services, even if the other spouse has surpassed the upper age limit.

This particular judgment arose from a case where a couple sought to avail themselves of in-vitro fertilization (IVF) services. The court specifically allowed this couple to proceed with IVF treatment, despite the wife having exceeded the age limit typically associated with such procedures under the Act. This outcome underscores a crucial clarification regarding the ART Act age criteria interpretation, providing a precedent for similar situations across the country.

The Assisted Reproductive Technology (Regulation) Act, 2021, enacted to regulate and supervise ART clinics and banks, includes specific provisions governing eligibility for services. Central to this discussion is Section 21(g) ART Act age, which outlines the age criteria for individuals seeking ART procedures. The ambiguity often arose concerning whether these age limits applied to both partners in a "commissioning couple" or if the eligibility of one partner was sufficient.

The Gujarat High Court's ruling explicitly addresses this interpretive challenge, asserting that the legislative intent behind Section 21(g) is to assess individuals. This interpretation is not an isolated incident; it aligns with a consistent line of judicial decisions from other High Courts, including the Calcutta High Court and the Madhya Pradesh High Court. This uniformity across various High Courts strengthens the legal position that the IVF age limit India imposes through the ART Act should be understood on an individual basis, thereby potentially expanding the pool of eligible recipients for ART services.

This judicial clarification holds substantial importance for individuals and couples navigating the complexities of fertility treatment in India. By affirming that the age bar under the ART Act applies to individuals, not the couple as a unit, the Gujarat High Court has provided a clearer pathway for many who might otherwise have been excluded from accessing vital Assisted Reproductive Technology services. This decision is particularly relevant for couples where one partner is significantly older, ensuring that the eligibility of the younger partner can still facilitate access to treatment.

For legal professionals advising clients on ART services, this ruling provides a strong precedent. It suggests that denials of ART services based on one spouse exceeding the age limit, while the other meets the criteria, can be effectively challenged. This consistent interpretation across multiple High Courts, including the recent Gujarat HC ART Act individual age decision, reinforces the principle of individual eligibility, potentially broadening access to IVF and other ART procedures for eligible clients nationwide.

Lawyers advising clients on Assisted Reproductive Technology (ART) services in India should note that the age criteria under Section 21(g) of the ART Act, 2021, applies to individuals, not the couple as a unit. This ruling from the Gujarat High Court, consistent with other High Courts, provides a strong precedent for challenging denials of ART services to couples where one spouse exceeds the age limit, as long as the other spouse meets the criteria, thereby expanding access for eligible clients.

Source: Original reporting via SCC Times