Summary
- The Gujarat High Court has ruled that the age-related ineligibility of one spouse does not disqualify a married "commissioning couple" from accessing Assisted Reproductive Technology services if the other spouse meets the age criteria.
- This decision came after a couple's petition was allowed, challenging the rejection of their IVF request based on the wife's age exceeding 50 years under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.
- Justice Nirzar S. Desai highlighted that the Act applies to couples collectively, not individually, referencing prior judgments that support this interpretation.
- The ruling sets a precedent for similar cases, emphasizing that as long as one partner is eligible, both can pursue assisted
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