Husband’s Age Cannot Extinguish Wife’s IVF Eligibility

The Chhattisgarh High Court has ruled that a husband crossing the statutory age limit for assisted reproduction does not automatically eliminate his wife’s independent eligibility for IVF. Justice Amitendra Kishore Prasad allowed a petition by a 46-year-old woman and her 57-year-old husband after treatment was refused solely because the husband exceeded the male age ceiling under the Assisted Reproductive Technology Act. The court said importing a composite age restriction would deny treatment to a woman who independently met the prescribed limit. It directed authorities and the clinic to permit treatment, subject to medical fitness, informed consent and all other statutory safeguards. The clinic cannot face adverse action for complying with the order. The court confined its ruling to the couple’s circumstances and delivered judgment on 6 October 2026.