Madhya Pradesh High Court Allows 52-Year-Old Woman For Planned Surrogacy Or IVF

Jabalpur (Madhya Pradesh): The High Court has allowed a woman aged 52 years to undergo planned surrogacy or Assisted Reproductive Technology (IVF).

The couple filed the petition after the private hospital in Bhopal did not process their case for having a child through IVF technology due to the age restriction provided under Section 21 of the Assisted Reproductive Technology (Regulation) Act, 2021.

Justice Vishal Mishra directed that the petitioners (a couple) are permitted to undergo Assisted Reproductive Technology (IVF) at any Institution of their choice, considering the opinion of the doctors that ‘Patient can be planned for surrogacy or IVF with oocyte donation’ and the judgments cited.

The case of the petitioners will not be rejected on the ground of the age barrier, as the petitioner no. 1 (woman) is 52 years of age, the court order said.

The Institution is at liberty to examine the petitioners (a couple) and take a decision whether Assisted Reproductive Technology (IVF) can be performed or not, the court order said.

The couple was leading a peaceful life, but due to organ failure and jaundice, their only child died at the age of 21 years on 19.10.2025.

They went to the private hospital to have a child through IVF technology, where the medical test on the petitioner no.1 (woman) was done, and she was found to be medically fit to bear a child, but she was more than 50 years old.