The Punjab and Haryana High Court has clarified that women below the age of 50 can independently access Assisted Reproductive Technology (ART) services, including In Vitro Fertilisation (IVF), even if their husbands have crossed the prescribed upper age limit of 55 years.
 

Interpreting the Assisted Reproductive Technology (Regulation) Act, 2021, Justice Tribhuvan Dahiya stated that ART services can be availed of either by a couple or by a woman independently. A woman's eligibility does not depend on her husband's age, and there is no legal requirement that only couples can approach an ART clinic.
 

The court passed the ruling while disposing of six connected petitions. It clarified that the statutory age limits of 50 years for women and 55 years for men apply separately. However, if either partner crosses the respective maximum age limit, the couple loses eligibility to access ART services jointly.
 

Women's Independent Right to IVF Services
 

The High Court observed that the law recognises an independent right of women, whether married or unmarried, to seek ART services. Consequently, women who are below 50 years of age can access IVF and other ART treatments independently, even if their husbands are older than 55.
 

However, this provision does not extend to women who have themselves crossed the prescribed age limit of 50 years.
 

Court Rejects Request to Use Frozen Embryos After Age Limit
 

The main case involved a couple who had frozen nine embryos when the woman was 47 years old. After two unsuccessful attempts, the woman turned 50, following which the couple approached the court seeking permission to use the remaining frozen embryos.
 

Rejecting their request, the court held that freezing embryos before reaching the prescribed age limit does not automatically create a right to begin the next stage of treatment after crossing the statutory age threshold.
 

The court made it clear that the eligibility conditions under the ART Act must be followed even when embryos were preserved at an earlier age.
 

What the Ruling Means for IVF Aspirants
 

The judgment clarifies the distinction between an individual's eligibility and a couple's eligibility under the ART Act, 2021.
 

A woman below 50 can independently seek ART services regardless of whether her husband has crossed 55. At the same time, a woman who has crossed 50 cannot claim an exemption from the statutory age restriction merely because her embryos were frozen before reaching the age limit.
 

The ruling provides clarity on how the age-related provisions of the ART Act should be interpreted while determining eligibility for fertility treatment in India.