After losing doctor son to suicide, Gujarat couple in 50s wins High Court battle for IVF

A Gujarat couple in their 50s, who lost their 25-year-old doctor son to suicide four years ago, has won a High Court battle to undergo IVF treatment. Despite the mother's age exceeding the statutory limit for assisted reproduction, the court ruled that the couple's eligibility should be considered collectively as a commissioning couple.

The Gujarat High Court's 17-page judgment, dated September 2, set aside the rejection of their IVF request, upholding their right to seek assisted reproductive technology services. Justice Nirzar S Desai noted that the woman had reached menopause and was unable to conceive naturally, prompting the couple to turn to IVF. The court also considered a series of High Court precedents, including a Calcutta High Court ruling, which held that an age-related ineligibility of one spouse need not affect the other when both constitute a commissioning couple.

The court upheld the couple's petition, allowing them to access IVF treatment, though their medical suitability remains at the discretion of a clinic and treating doctors.