S/L 11

06.01.2026 Court. No. 25

suvayan

WPA 26524 of 2025

Biswanath Baidya & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Sounak Bhattacharya Mr. Chandra Nath Sarkar

Mr. Sounak Mandal

Mr. Anirban Saha Roy

Mr. Abhrup Halder

Ms. Bipasha Bhattacharyya

…for the petitioners.

Mr. Sirsanya Bandopadhyay

Ms. Tapati Samanta

…for the State.

1. The instruction filed by the State be kept with the record.

2. The petitioners have filed the present writ application

praying for a direction upon the respondents to provide the petitioners with the necessary permissions and services to avail the Assisted Reproductive Technology through IVF procedure in terms of the provision of the Assisted Reproductive Technology (Regulation) Act, 2021. The petitioner no. 1 is aged about 57 years and the petitioner no. 2 is aged about 52 years. The marriage between the petitioner no. 1 and the petitioner no. 2 was solemnized on April 22, 1996. In the wedlock between the petitioners a girl child namely Supriti Baidya was born on August 25, 1998 but unfortunately on June 5, 2025 the girl

child passed away.

3. After the death of the child and as per the advice of the

elderly members of the family the petitioners have contacted the office of the respondent no. 4 who is the

consultant doctor of the petitioners and on examination of the petitioners, the consultant doctor namely Dr. G. B. Dutta has opined that “age limit does not permit for IVF”. Subsequently, the petitioners have contacted another doctor namely Dr. Debdeep Das on September 8, 2025 and on examination of the petitioners the doctor have opined that “the patient is clinically fit as per all reports and examinations, no apparent cardiac abnormality (consulted from Dr. Koushik Ghosh), opinion regarding IVF should be taken from gynecologist (Dr G. B. Dutta) as ages is inappropriate for IVF”.

4. Learned counsel for the petitioners submits that as per the Section 21 (g) of the Assisted Reproductive Technology (Regulation) Act, 2021 the clinics shall apply the assisted reproductive technology services, (i) to a woman above the age of twenty one years and below the age of fifty years;

(ii) to a man above the age of twenty one years and below the age of fifty five years.

5. Learned counsel for the petitioners submits that though the husband that is the petitioner no. 1 is about the age of 55 years but the petitioner no. 2 the wife is aged about 52 years i.e. below the age of 57 years and as such she can be allowed to go for the IVF procedure.

6. Learned counsel for the petitioners have relied upon the judgment in the case of Shyamoli Saha and another vs. The State of West Bengal and others passed in WPA 23776 of 2024 dated November 22, 2024 wherein the co-ordinate Bench of this Court taking into consideration of the age of the wife has allowed the petitioners to get the benefit of Assisted Reproductive Technology as one of the parties qualify on the upper age limit stipulated in Section 21(g), irrespective of the fact that the other spouse does not.

7. Learned counsel for the petitioners have further relied upon the judgment in the case of Sudarsan Mandal and another vs. The State of West Bengal and others passed in WPA 9232 of 2024 dated April 26, 2024 wherein the another co-ordinate Bench of this Court granted liberty to the petitioners to approach the respondent no. 4 an Assisted Reproductive Technology Clinic, for obtaining services authorized of the said clinic for the purpose of employing assisted reproductive technology services in order to conceive a child.

8. The petitioners have further relied upon the judgment in the case of Sanchita Ghosh and another vs. Union of India and others passed in WPA 12154 of 2023 dated April 8, 2024 wherein the co-ordinate Bench of this Court by interpreting Section 21(g) has held that the petitioners will be entitled to have the benefit of assisted reproductive technology services and can approach an appropriate clinic for having such services, in view of the fact that one of the two spouses, that