Wife can individually seek IVF services with husband’s consent: Rajasthan High Court

The Rajasthan High Court has ruled that couples seeking In-Vitro Fertilisation (IVF) and other Assisted Reproductive Technology (ART) services in Rajasthan can do so individually if their spouse has reached the age limit set at 50 for women and 55 for men. The court upheld the existing age restrictions, stating they were designed with the welfare of the mother and child in mind.

However, it made it clear that a married woman would not automatically be disqualified from receiving ART services simply because her husband had surpassed these age limits. According to the court, a married woman who meets the age criteria can seek ART services individually, as long as her husband consents and the necessary legal requirements are met.

The division bench ruled that the term "woman" in the Assisted Reproductive Technology Act, 2021, applies to any woman over 21 years old who seeks ART services, regardless of marital status. The bench also clarified that Section 21(g) of the Act does not prescribe a single age limit for couples seeking ART services; instead, it specifies separate limits for men and women.

The court emphasized that while the desire of infertile couples to have children through ART is important, the well-being of the child must also be considered. The law aims to strike a balance between the couple's reproductive aspirations and ensuring the child receives proper care and a stable family environment.