Calcutta high court allows 61-year-old man to have IVF baby with 49-year-old wife

KOLKATA: A 61-year-old judicial officer on Friday was given a ‘chance' by the Calcutta High Court to have a child under the Assisted Reproductive Technology (ART) Act, 2021, even though he surpassed the age limit of 55 years. Married for 27 years, the officer and his wife, aged 49, were trying to have a child for a long time with no success. On medical consultation, they were informed of IVF as an alternative means. Their counsel, Achin Jana, submitted before Justice Amrita Sinha, "They have everything. Financial stability, healthy bodies, everything except the happiness of being parents."The petition said: "Even after 27 years of happy married life, the petitioners were unsuccessful in procreating an offspring and, as a result, they do not have any legal heir or anyone to look after them in their old age or anyone to whom they can bestow their legacy or who can inherit their movable and immovable properties in future."It was stated that the father was undergoing a health complication and now that it had improved, and both husband and wife are healthy, they want to have a child. But unfortunately for them, the man is past the age limit. In 2023, they were advised to undergo clinical tests and it was found that they would not be able to procreate naturally. They were advised to opt for ART. The counsel informed the court that the wife has a normal uterus and ovaries.The state opposed the plea on the ground that the officer has not only crossed the statutory age limit of 55, he is also above 60, which would create a problem in the upbringing of the child considering the parents' ages.Jana argued, "He would be getting a donor. His sperm would not be in use… His wife is below the statutory age limit of 50." To which, Justice Sinha replied, "Not just in the process. When a child is born, it would require the love and affection of both parents. You are ageing. The average expectancy recorded is 70 years. God forbid you do not die at 70 and go on till 100. The gap between the child's age and the father's would be huge."Ever since a case in Nov 2024, where a 57-year-old man and his wife, in her 30s, were allowed to avail of IVF — considering his wife was below the statutory age of 50 years — the court has been flooded with couples where either of the spouses has crossed the age limit.After verbally stating her worry regarding the age of the man, Justice Sinha considered the plea and ordered the IVF facility to permit the couple to avail of the service. She treated the 2024 case as a precedent and allowed the couple a chance at having a child.