The age limits under the national reproductive technology legislation are individual-specific rather than couple-centric. Consequently, a couple may access treatment if at least the female partner meets the statutory age criteria, as enforcing a joint age bar would violate the constitutional right to reproductive autonomy.

1. The petitioners have preferred the instant writ petition seeking issuance of an appropriate writ, order or direction for permitting them to undergo In Vitro Fertilization (IVF) treatment, notwithstanding the age restriction prescribed under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021. The necessity of filing the present petition arises out of peculiar and exceptional facts, wherein the petitioners, a legally wedded couple aged about 49 and 55 years respectively, have been deprived of access to assisted reproductive treatment solely on account of a rigid and mechanical application of the statutory age bar, despite being medically fit to undergo such procedure. It is the case of the petitioners that they had earlier been blessed with a daughter; however, the unfortunate and untimely demise of their only child in the year 2022 caused them immense emotional and psychological distress, on account of which they were unable to immediately take any steps towards expanding their family. After passage of time and upon regaining a degree of emotional stability, the petitioners approached a recognized fertility centre for IVF treatment, whereupon medical evaluation confirmed their suitability for the procedure. However, the said treatment has been denied solely on the ground that petitioner No. 2 has marginally crossed the upper age limit prescribed under Section 21(g) of the Act of 2021. The petitioners contend that such denial, without considering their peculiar circumstances and the urgency arising from the advancing age of petitioner No. 1, who is on the verge of crossing the permissible age limit, has compelled them to approach this Court. It is further urged that the strict enforcement of the statutory provision, in the facts of the present case, results in infringement of their fundamental right to life and personal liberty, which encompasses the right to reproductive autonomy, thereby necessitating judicial intervention for grant of following reliefs :

“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, direction/directions, order/orders and direction may be issued to the Respondents to permit and proceed with IVF Treatment of the petitioner;

10.2 That, this Hon'ble Court may Kindly be pleased to issue a writ/writs, direction/directions, order/orders and direct the respondents to continue with the IVF Treatment making this case an exception to the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021 even when the Petitioner no. 1 surpasses the age of 50 during the ongoing treatment;

10.3 That, this Hon'ble Court may Kindly be pleased to issue a writ/writs, direction/directions, order/orders to ensure that no administrative or regulatory hurdles are placed against the Petitioner's ongoing cycles, treating her case as an exception based on the principle of Right to the reproductive autonomy;

10.4 Any other and further relief(s) that this Hon'ble Court deems fit in the interest of justice.”

2. The fervent yearning of a married infertile couple to have a family has compelled them to approach this Court praying for a direction upon the respondent for providing Assisted Reproductive Technology (hereinafter referred to as ‘ART’ for the sake of brevity) for giving birth to a child. The petitioners are a married couple who have lost their only daughter in the year 2022. They intend to avail the facility un