The Delhi high court has ruled in favor of a couple seeking to transfer their remaining cryopreserved embryos for IVF, despite the woman exceeding the upper age limit. The court observed that a technical reading of the law cannot defeat reproductive rights and access to parenthood.
The couple had approached the court after their hospital and treating doctor declined to continue IVF treatment due to the woman's age. The court noted that the couple had undergone medical evaluation, counselling, and necessary treatment before commencing the ART process and were declared medically fit.
The court also observed that the government failed to provide any medical opinion demonstrating that using the existing cryopreserved embryos would pose any immediate or exceptional medical risk.
The Delhi high court's decision is seen as a victory for reproductive rights, as it upholds the couple's decisional autonomy and reproductive choice protected under the Constitution.
