- Ruling says embryos created within permissible age limit cannot be denied use later; couple to take responsibility for medical risks
Punjab Newsline | Chandigarh
In a significant relief to a Canada-based couple, a Punjab and Haryana High Court has permitted a woman above the age of 50 to undergo embryo transfer for a second child through IVF. The court clarified that since the embryos were created when the woman was within the prescribed age limit, the procedure cannot be denied later solely on the basis of her current age.
Justice Jagmohan Bansal allowed the couple’s petition, stating that the petitioners must submit an undertaking within one day before the concerned authority, accepting responsibility for any medical complications arising from the treatment. Following this, the IVF centre will be allowed to proceed with the process.
In its response, the IVF centre informed the court that the woman is medically fit and there are no serious complications expected in a second pregnancy. The court, in its order, reiterated that once the undertaking is submitted, the hospital can move forward with the treatment. The petitioner’s counsel also cited a High Court ruling dated January 22, where similar relief had been granted under comparable circumstances.
The couple had approached the IVF centre in 2019 when they were aged 47 and 48. On December 17, 2019, four embryos were created after pre-implantation genetic testing. One of these embryos resulted in the birth of a daughter, while the remaining three embryos are still preserved at the hospital.
The couple moved the court seeking permission for embryo transfer as the Assisted Reproductive Technology (ART) Act, 2021 prohibits such procedures for women above the age of 50. The court’s decision provides an exception in this case, considering the embryos were created within the legally permissible age.