Can Women Over 50 Opt For IVF? Check What Indian Law Says

Recently, the birth of a child to the late Punjabi singer Shubhdeep Singh Sidhu Moosewala's parents has stirred up significant controversy. What began as a moment of joy for the family soon turned into a legal and social debate, raising questions about the application of India's Assisted Reproductive Technology (Regulation) Act, 2021. Let's dig deeper into the complexity of the case and explore the legal framework surrounding IVF treatments in India.

Assisted Reproductive Technology (ART) stands as a hope for countless individuals and couples battling with the heartache of infertility. With the enactment of the Assisted Reproductive Technology (Regulation) Act, 2021, India took a momentous stride towards establishing an ethical framework to govern the practice of ART. Central to this legislation is Section 21(g)(i), which delineates guidelines concerning the age threshold for women seeking ART services, particularly In-Vitro Fertilization (IVF).

The Government Intervention

The arrival of Moosewala's sibling through IVF caught the attention of both state and central health authorities. Following revelations about the unconventional conception method, the Ministry of Health and Family Welfare swiftly intervened, sending a notice to the Punjab government. This notice demanded clarification on the IVF treatment undergone by the couple and whether it complied with the legal provisions outlined in the ART Act.

Understanding the Legalities of ART

Section 21(g)(i) of the Act initially sets the maximum age for women seeking ART services at 50 years or at the onset of menopause, whichever occurs earlier. This provision highlights concerns regarding maternal and fetal risks associated with late-age pregnancies, which tend to escalate after the age of 50. Research shows the heightened incidence of health-related complications such as gestational diabetes, pre-eclampsia, and multiple births, stressing the necessity of prudent regulation in this domain.

However, recognising the complexity of individual circumstances and the importance of reproductive autonomy, the law incorporates provisions for exceptions. This allows women above the age of 50 to still opt for ART services, including IVF, provided they meet stringent medical and mental health evaluation criteria.

How to Navigate Exceptions  

Medical Evaluation

Women exceeding the age threshold must undergo a comprehensive medical evaluation to ascertain their suitability for the procedure. This evaluation encompasses a thorough assessment of physical, cardiovascular, and gynecological health by a registered medical practitioner. Any underlying health conditions or potential risk factors must be diligently evaluated and deemed manageable to proceed with the treatment.

Insurance Coverage

Women exceeding the age threshold must undergo a comprehensive medical evaluation to ascertain their suitability for the procedure. This evaluation encompasses a thorough assessment of physical, cardiovascular, and gynecological health by a registered medical practitioner. Any underlying health conditions or potential risk factors must be diligently evaluated and deemed manageable to proceed with the treatment.

Guardianship Planning

In addition to medical and insurance considerations, women seeking IVF beyond the age of 50 must outline a clear plan for the guardianship of the child in the event of unforeseen circumstances. This provision aims to guarantee the child's security and welfare, emphasizing the importance of thoughtful planning and preparedness.

Legal Ramifications of Violating the ART Act

The consequences of flouting the provisions outlined in the ART Act are severe. Both fertility clinics and individuals face hefty fines and potential imprisonment for non-compliance. The law leaves no room for leniency, with penalties escalating for repeat offenses. However, it's crucial to note that legal action can only be initiated upon complaints filed by designated authorities, ensuring due process and accountability.

In instances where the ART Act is violated, questions regarding the custody and guardianship of the child come to the forefront. While the law remains silent on this matter, experts suggest that custody typically remains with the biological parents, even in the event of legal repercussions. However, the absence of clear directives necessitates a nuanced approach to safeguarding the child's best interests.