For some couples in Gujarat, the struggle to become parents does not end with an unsuccessful IVF cycle. A statutory age limit can become the next hurdle, forcing them to stop treatment even when embryos have been created or another cycle is already in progress.
Sabina, who remarried at 45, was hoping to have a child with her second husband, Aabid. The couple started IVF treatment when Sabina was 47 and Aabid was 54. Their first attempt failed.
When they proceeded towards another cycle, Aabid turned 55, reaching the upper age limit prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021. Although Sabina was still within the permitted age for women, the couple could no longer continue treatment.
“We suspended the treatment and were heartbroken,” Sabina said. She argued that couples may marry and decide to have children at different stages of life and that a fixed age limit does not always account for individual circumstances.
Under the law, assisted reproductive technology services are available to men up to the age of 55 and women up to 50, according to legal experts. The age limit for unmarried women is 45.
The issue is now before the Gujarat High Court, where a couple has sought permission to undergo IVF treatment after crossing the prescribed age.
Delayed treatment adds to the problem
Fertility specialists say delayed marriages are only one reason couples approach IVF at an advanced age. Miscarriages, medical complications and repeated unsuccessful treatment cycles can also push patients beyond the statutory limit.
Dr Nayana Patel, a fertility specialist from Anand, said her clinic receives around five to six requests every month from couples seeking IVF after their mid-40s.
According to her, some patients need several IVF cycles before achieving a successful pregnancy. However, once either partner crosses the prescribed age, clinics are required to stop treatment.
Dr Falguni Bavishi of Ahmedabad recalled a case in which a couple had opted for three IVF cycles. The woman became pregnant during the second attempt but suffered a miscarriage. By the time the third cycle was being undertaken, she had crossed the permissible age by two months.
An embryo had already been created and was ready for transfer, Bavishi said, but the procedure could not be carried out because of the age restriction. The couple was advised to seek legal relief but chose not to pursue the matter.
Doctors point to emotional and financial burden
Specialists say repeated fertility treatment can involve considerable emotional, physical and financial stress, particularly for couples who have already experienced unsuccessful attempts to conceive naturally or through assisted reproduction.
Bavishi also pointed to cases involving older couples who turn to IVF after losing children in disasters or other tragic circumstances. Though such cases are relatively uncommon, the age restriction can leave them with limited options, she said.
Another patient, identified as Neharika*, reportedly conceived through IVF in her late 40s but suffered a miscarriage. A subsequent treatment cycle produced a viable embryo, but by the time it was ready for transfer, she had crossed the statutory age limit.
Couples seek greater flexibility
Not every patient faces the same outcome. Sulagna*, who travelled from Maharashtra to Ahmedabad for treatment, conceived during her first IVF cycle and later gave birth to twin daughters.
“I was fortunate to conceive in the first cycle and now have twin daughters,” she said, adding that a failed first attempt could have pushed her beyond the permitted age.
Fertility specialists acknowledge that the age restrictions were introduced to regulate assisted reproduction and address concerns related to the health and welfare of patients and children.
However, couples affected by the rule are seeking greater flexibility in cases where treatment has already commenced. They argue that factors such as an individual’s medical fitness, the stage of treatment and whether embryos have already been created should be considered before treatment is discontinued solely because of an age cut-off.