Punjab & Haryana High Court Allows Couple Above Statutory Age Limit to Access IVF Treatment
Court Strikes Down Age Restrictions, Upholds Reproductive Rights in Landmark Ruling
Chandigarh, January 22, 2026 — In a landmark judgment that could reshape India’s assisted reproductive technology landscape, the Punjab & Haryana High Court has permitted a couple to undergo IVF treatment despite the male partner exceeding the statutory age limit of 55 years prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021.
Justice Suvir Sehgal set aside an order by the State Appellate Authority that had denied 47-year-old Sarbjit Kaur and her 56-year-old husband access to ART services. The couple had sought treatment after tragically losing their son to jaundice in July 2024.
The court ruled that age restrictions under Section 21(g) of the ART Act apply to individuals, not to couples as a unit. “The statute reinforces age restriction on an individual gender and not to a couple,” Justice Sehgal observed, citing precedents from the Calcutta High Court.
The judgment dismantled four grounds on which authorities had rejected the couple’s application. Significantly, the court held that using donor oocytes is explicitly permitted under the ART framework, rejecting the state’s argument that this was prohibited. The court emphasized that the ART Act’s primary purpose is to regulate clinics and banks, not to prevent infertile couples from accessing treatment.
Dr. Yogeshwar Sood, the couple’s gynecologist, had certified both petitioners as healthy and fit for the procedure, noting they had been informed of associated risks and were willing to proceed.
The ruling challenges restrictive interpretations of reproductive technology laws and affirms the rights of older couples seeking parenthood through assisted reproduction.
