Skip to content
Sunday, October 25
  • About Us
  • Contact Us
  • Advertise with us
  • Login
  • Add Post
  • Account
  • Dashboard
International Media News

International Media News

International Media News

International Media News

International Media News

  • Home
  • India
  • World
  • Business
  • Entertainment
  • Sports
  • Editors choice
  • Gallery
    • Image-gallery
    • video-gallery
  • Home
  • India
  • World
  • Business
  • Entertainment
  • Sports
  • Editors choice
  • Gallery
    • Image-gallery
    • video-gallery
Home>>India>>Man has no role in IVF birth: Calcutta HC in big verdict for couple
India

Man has no role in IVF birth: Calcutta HC in big verdict for couple

international media news
July 1, 2026 48 Views0

The Calcutta High Court has cleared the way for a couple battling infertility since 2014 to undergo IVF treatment. It held that a wife who meets the eligibility rules under the Assisted Reproductive Technology (ART) Act, 2021, cannot be refused treatment only because her husband is older than the law allows. The ruling reframes how the age bar applies to couples seeking IVF.

Husband has no physical role, Court notes

Justice Krishna Rao said an overaged husband should not stand in the way of an eligible wife’s right to have a child. He pointed out that the man takes no part in the actual ART procedure. The woman alone carries the embryo as the gestational carrier.

“Apart from being a supportive partner to the lady, the man does not have any role in the birth of the child. The lady acts as the gestational carrier. The medical report of the lady suggests that she is currently physically fit to hold the embryo, which means that the lady is eligible to avail ARTs both age-wise as well as health-wise,” Indian Express quoted Justice Rao as saying.

The couple’s case

The petitioners, a married couple, had moved the High Court for permission to undergo In-Vitro Fertilisation under the ART Act. They wished to conceive using sperm and ovum sourced from an ART bank. Their counsel, Advocate Swapnadwip Roy, told the court they had been married since 2014 but had no child. He said the hospital had refused the procedure because the husband was 57, above the upper limit of 55 for men. The cap for women is 50.

For the state, Advocates Sudipa Banerjee and Manisha Paswan argued the couple was not eligible. They said the wife was 49 and the husband 57, which crossed the maximum age set under Section 21(g)(ii) of the Act.

Individual right to access ART

The court stressed that the law allows an individual to access ART regardless of gender. The judgment held that the term “patient” lets a person avail the facility on their own, and nothing in the Act bars one partner of a married couple from doing so independently, Indian Express reported. A married woman, the court found, can approach a clinic by herself, and the clinic cannot refuse her if she seeks the service alone. In this case, since the two shared a cordial relationship, they came forward jointly as a commissioning couple.

The judge also leaned on the 2024 Shyamoli Saha ruling, where IVF was allowed despite the husband being over age. The court said age limits serve a real purpose and guard against misuse, but the law cannot be read in a way that makes it unworkable. It held that the wife should not suffer for her husband’s ineligibility and directed the hospital to provide the treatment.

Share:

Previous Post

Yuvraj Singh pays emotional tribute to Ben Stokes after England star’s retirement

Next Post

‘Lame duck President’: US lawmaker slams Trump; blames him for taking India ties to ‘lowest point’

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent News

  • ‘Regime change will happen… just wait until he returns’: Sanjay Raut claims Modi won’t be PM in April next year
  • Crude prices jump 5-month high amid geopolitical risk in Gulf; Brent at $110.08
  • Mookuthi Amman 2 Trailer: Nayanthara Returns As Goddess, Regina Cassandra Plays Villain
  • ‘US’ Pakistan Ties Will Never Come At India’s Expense’: Marco Rubio Assures Delhi
  • Asian Para Games 2026: Niranjan Mukundan wins bronze in men’s 200m individual medley SM7 event

Latest News

‘Regime change will happen… just wait until he returns’: Sanjay Raut claims Modi won’t be PM in April next year

international media news
October 22, 2026

Shiv Sena (UBT) MP Sanjay Raut has urged people to mark late April on their calendars because that i

Crude prices jump 5-month high amid geopolitical risk in Gulf; Brent at $110.08

international media news
October 22, 2026

Mookuthi Amman 2 Trailer: Nayanthara Returns As Goddess, Regina Cassandra Plays Villain

international media news
October 22, 2026

‘US’ Pakistan Ties Will Never Come At India’s Expense’: Marco Rubio Assures Delhi

international media news
October 22, 2026

Latest News

‘Regime change will happen… just wait until he returns’: Sanjay Raut claims Modi won’t be PM in April next year

international media news
October 22, 2026

Crude prices jump 5-month high amid geopolitical risk in Gulf; Brent at $110.08

international media news
October 22, 2026

Popular Categories

  • India
  • World
  • Business
  • Entertainment
  • Sports

Quick Links

  • About Us
  • Contact Us
  • Advertise with us
  • Login
  • Add Post
  • Account
  • Dashboard
All Rights Reserved © International Media News | Website By - Hurl Technologies Pvt. Ltd. | WordPress Theme Ultra News