SHYAMOLI SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The fervent yearning of a married infertile couple to have a family has compelled them to approach this Court praying for a direction upon the respondent no. 4 for providing Assisted Reproductive Technology Service (hereinafter referred to as 'ARTS' for the sake of brevity) for giving birth to a child. The petitioners are a married childless couple. Despite leading happy conjugal life for the last thirty years, the petitioners have failed to beget a child. They intend to avail the facility under ARTS for giving birth to a baby. The stumbling block is the over age of the husband-petitioner no.2.

(2.) The issue to be decided is whether the petitioners would be eligible to avail the said facility in accordance with the Assisted Reproductive Technology (Regulation) Act, 2021 (hereinafter referred to as 'the Act' for the sake of brevity).

(3.) According to the Act the service is available to a woman above the age of 21 years and below the age of 50 years and to a man above the age of 21 years and below the age of 55 years. Thought the wife- petitioner no. 1 is within the prescribed age limit, but the husband fails to meet up the age criteria. He is currently 58 years of age. The clinic from where the petitioners intend to avail the service, has denied to provide the same in the absence of any order from the court of law.