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Punjab and Haryana high court’s historic decision allows IVF for women above 50

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The Punjab and Haryana High Court has permitted a woman above the age of 50 to undergo IVF (In Vitro Fertilisation) treatment for motherhood.Justice Jagmohan Bansal in a judgment on May 19 stated that the woman had previously given birth to a daughter through IVF treatment at Bishnoi Nursing Home, National Fertility Centre, at the age of 49. She is now 51 years old and expressed her desire to conceive again through IVF treatment.The IVF centre however informed the couple about legal limitations as women above the age of 50 are restricted from undergoing IVF treatment. The petitioners through instant petition under Articles 226/227 of the Constitution approached the High Court.The HC directed the couple to submit an affidavit stating that they would take full responsibility in case of any medical complications or unforeseen circumstances. After receiving their consent, the Court granted permission to the fertility centre, to proceed with the IVF treatment.According to Dr Anurag Bishnoi, thousands of couples above the age group of 40–50 years have successfully undergone treatment at their centre over the past 25 years, with no reported maternal deaths during or after delivery.He also recalled the historic 2008 case of 70-year-old Rajo Devi from Hisar, who became one of the world’s oldest woman to give birth through IVF, setting a global record.He said that a national-level working group has now been formed to advocate for amendments in the law related to age restrictions in IVF treatment, so that women may not have to approach courts repeatedly for such permissions.Dr Bishnoi said that the HC judgment has opened new doors of hope for women above 50, including mothers who lost their children in accidents or families of soldiers who attained martyrdom while serving the nation.

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