Chhattisgarh HC rules that reproductive autonomy is a fundamental right, allowing a couple to undergo IVF despite statutory age restrictions

News Citation : 2026 LN (HC) 276

April 24, 2026 : In a landmark judgment emphasizing reproductive autonomy, the High Court of Chhattisgarh has cleared the path for a grieving couple to pursue In Vitro Fertilization (IVF) treatment, even though the husband has exceeded the statutory age limit. The decision, delivered by Justice Amitendra Kishore Prasad, underscores that the right to form a family is a fundamental dimension of personal liberty that cannot be stifled by a rigid application of the law.

The petitioners, a 49-year-old woman and her 55-year-old husband, approached the court after being denied services at a fertility clinic in Bilaspur. Their journey to this legal battle began with a profound tragedy: the loss of their only daughter in 2022. The couple explained that the resulting emotional trauma delayed their decision to expand their family until they regained stability. By the time they were medically cleared for IVF, the husband had marginally crossed the 55-year age threshold mandated by Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.

The court was tasked with deciding whether a “mechanical” enforcement of these age caps should override the couple’s constitutional rights. Justice Prasad observed that the ART Act adopts an individual-centric approach rather than a strictly couple-centric one. Because the wife remained within the legal age limit of 50 and both partners were found medically fit, the court ruled that the husband’s age should not act as a total bar to the wife’s treatment, provided he consents to the procedure.

Citing Supreme Court precedents that link reproductive choices to the right to life under Article 21, the High Court held that the law must be interpreted purposively in exceptional circumstances. The judgment noted that the couple’s delay was bona fide and rooted in irreparable personal loss.

The court directed the Indira IVF Fertility Centre to proceed with the treatment immediately. To ensure the process is not derailed by further bureaucratic delays, the judge further ruled that the treatment must continue even if the wife crosses the age of 50 during the ongoing cycle. Additionally, the court granted the clinic immunity from any penal or regulatory action for complying with this specific judicial order.

Case Reference : WPC No. 1495 of 2026, Neeru Singh and Another vs. State of Chhattisgarh and Others, the petitioners are represented by Senior Advocate Mr. Manoj Paranjpe and Advocate Ms. Apoorva Ghore, while the State is represented by Panel Lawyer Mr. Anadi Sharma, and Respondents No. 4 and 5 are represented by Advocates Mr. Vivek Sharma and Mr. Shantam Awasthi.