The Madhya Pradesh High Court in Jabalpur allows a 52-year-old woman to undergo planned surrogacy or Assisted Reproductive Technology (ART), including IVF, after a private hospital declined to process her request citing an age restriction under Section 21 of the Assisted Reproductive Technology (Regulation) Act, 2021. According to the court order, the couple approached the court after the hospital in Bhopal refused to proceed because the woman was above 50 years of age.
Justice Vishal Mishra directs that the petitioners may undergo ART/IVF at any institution of their choice. The court notes the medical assessment and records that a doctor’s opinion indicates the patient can be considered for planned surrogacy or IVF using oocyte donation. It also states that the couple’s case should not be rejected solely due to the statutory age barrier.
The order further clarifies that the selected institution is free to examine the couple and decide, based on medical criteria, whether IVF or surrogacy should be performed.