123456 Kolkata: Hearing a case of an Assisted Reproductive Technology (ART) plea by a woman who crossed the 50-year threshold, while her husband is within the age bar, the Calcutta High Court asked the Centre for its opinion. The petitioners were asked to serve notice to the Attorney General.
In earlier pleas, the Centre did not oppose the HC's interpretation that if the woman—who will bear the child—is below the age threshold of 50, even if her husband is not, the couple can be allowed to have a child by availing ART. On November 23, 2024, Justice Amrita Sinha allowed a couple wherein the man was 58 years of age—past the age criteria by three years.
However, in this case, the tables turned with the wife being 52 years of age—the upper limit for women is 50 years and for men is 55 years. While Justice Sinha acknowledged the humanitarian grounds with which the woman approached the court, she refused to pass an order without hearing both sides, including the Union of India. Though, she allowed the petitioner to approach any other bench of Calcutta HC which can by determination hear it.
The counsel representing the Union of India submitted that the courts cannot give a decision contrary to the statute. In the present case, the woman challenged the legality of certain provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. A matter on the same issue is also pending before the Supreme Court and was postponed to July 22, Justice Sinha was informed by the advocates.
Hearing this fresh plea, Justice Sinha noted that the woman had a child which passed away. "Difficulty is, you know, what the procedure for adoption is so very complicated that these people cannot go for adoption. This is a very unfortunate case. The lady had a child who died and this is the reason she wants. If she gets permitted an adoption, probably she will not go for this," Justice Sinha observed.
When the counsel for the woman asked for the formation of a medical board to check the woman's fitness, Justice Sinha asked about the procedure thereafter because the Assisted Reproductive Technology (Regulation) Act, 2021 clearly defines that a woman has to be above the age of 21 years and below the age of 50 years. "What will happen if she is fit? These matters will repeatedly go on coming, then in each and every case it will have to be sent to a doctor, let the law be settled first," Justice Sinha said.
Advocate Achin Jana, who represented the parents in the previous case, said, "In many of these cases, the elderly couple seeking a child using ARTS becomes emotionally involved. They come for ARTS as it's their last resort and on being rejected there. After seeing cases where the couples get allowed, they become hopeful."
Graphic:
A 52-year-old woman was denied Assisted Reproductive Technology (ART) service for being overaged.
Eligibility criteria for a woman seeking ART service is 21 to 50 years.
The woman challenged the legality of certain provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.
In previous cases when the Calcutta High Court allowed elderly couples to seek ART service, it had overaged men and women within the eligible age bracket. MSID:: 120456038 413 |
Kolkata: Hearing a case of an Assisted Reproductive Technology (ART) plea by a woman who crossed the 50-year threshold, while her husband is within the age bar, the Calcutta High Court asked the Centre for its opinion. The petitioners were asked to serve notice to the Attorney General.
In earlier pleas, the Centre did not oppose the HC's interpretation that if the woman—who will bear the child—is below the age threshold of 50, even if her husband is not, the couple can be allowed to have a child by availing ART. On November 23, 2024, Justice Amrita Sinha allowed a couple wherein the man was 58 years of age—past the age criteria by three years.
However, in this case, the tables turned with the wife being 52 years of age—the upper limit for women is 50 years and for men is 55 years. While Justice Sinha acknowledged the humanitarian grounds with which the woman approached the court, she refused to pass an order without hearing both sides, including the Union of India. Though, she allowed the petitioner to approach any other bench of Calcutta HC which can by determination hear it.
The counsel representing the Union of India submitted that the courts cannot give a decision contrary to the statute. In the present case, the woman challenged the legality of certain provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. A matter on the same issue is also pending before the Supreme Court and was postponed to July 22, Justice Sinha was informed by the advocates.
Hearing this fresh plea, Justice Sinha noted that the woman had a child which passed away. "Difficulty is, you know, what the procedure for adoption is so very complicated that these people cannot go for adoption. This is a very unfortunate case. The lady had a child who died and this is the reason she wants. If she gets permitted an adoption, probably she will not go for this," Justice Sinha observed.
When the counsel for the woman asked for the formation of a medical board to check the woman's fitness, Justice Sinha asked about the procedure thereafter because the Assisted Reproductive Technology (Regulation) Act, 2021 clearly defines that a woman has to be above the age of 21 years and below the age of 50 years. "What will happen if she is fit? These matters will repeatedly go on coming, then in each and every case it will have to be sent to a doctor, let the law be settled first," Justice Sinha said.
Advocate Achin Jana, who represented the parents in the previous case, said, "In many of these cases, the elderly couple seeking a child using ARTS becomes emotionally involved. They come for ARTS as it's their last resort and on being rejected there. After seeing cases where the couples get allowed, they become hopeful."
Graphic:
A 52-year-old woman was denied Assisted Reproductive Technology (ART) service for being overaged.
Eligibility criteria for a woman seeking ART service is 21 to 50 years.
The woman challenged the legality of certain provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.
In previous cases when the Calcutta High Court allowed elderly couples to seek ART service, it had overaged men and women within the eligible age bracket. MSID:: 120456038 413 |