SUDARSAN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners are a married couple. The petitioner no. 1/husband is around 59 years of age, whereas the petitioner no. 2/wife is aged about 46 years. The petitioners' only child Anindya Mondal died at the tender age of 19 years.

(2.) To fulfill the void, the petitioners attempted to conceive again but failed to so conceive by normal process, when they contacted the respondent no. 4-Clinic which is a licensed clinic under the Assisted Reproductive Technology (Regulation) Act, 2021 (hereinafter referred to as, 'the 2021 Act').

(3.) Upon medical examination, it was found that the petitioner no. 2 is medically fit and eligible to give birth to a child by the process of In Vitro Fertilization (IVF) with ovum donation. Since the petitioner no. 2 is suffering from poor ovarian reserve along with adenomyosis fibroid in uterus, there is no other option for the petitioners to become parents.