What is the Age Limit for IVF Treatment?

Q: What is the Age Limit for IVF Treatment?

Age limit for IVF treatment in India is dictated by the Assisted Reproductive Technology (ART) (Regulation) Act, 2021.

In-Vitro Fertilization (IVF) Treatment, Applications, Challenges

Union Health Ministry raised concerns as the legal age limit for women seeking IVF treatment in India is 50. IVF treatment undergone by Sidhu Moosewala's mother, Charan Kaur.

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Centre’s Notice to Punjab Over Sidhu Moosewala’s Mother’s IVF Treatment

The Ministry of Health and Family Welfare has requested a report from the Punjab government regarding the in-vitro fertilization (IVF) treatment received by Charan Kaur (mother of the late Punjabi singer and rapper Sidhu Moosewala).

About In-Vitro Fertilization Treatment

Purpose: Helps individuals or couples facing infertility challenges conceive. Among Assisted Reproductive Technologies (ART), IVF offers the highest success rate.
Process:
- Egg retrieval from ovaries.
- Manual sperm fertilization of eggs in a laboratory setting.
- Transfer of fertilized egg (embryo) into the uterus for implantation.
Options for genetic material:
- Couple’s own eggs and sperm.
- Eggs, sperm, or embryos from donors (known or anonymous).
Factors to Consider For Successful IVF:
- Reproductive history.
- Age (particularly maternal age).
- Cause of infertility.
- Lifestyle habits.
Applications:
- Blocked or damaged fallopian tubes.
- Male infertility (low sperm count/motility).
- Ovulation disorders, premature ovarian failure, uterine fibroids (females).
- Absence of fallopian tubes.
- Genetic disorders in intended parents.
- Unexplained infertility.

Age Limit for IVF Treatment

The age limit for IVF treatment in India is dictated by the Assisted Reproductive Technology (ART) (Regulation) Act, 2021. Here’s a breakdown:

Women: According to the Act, women can receive IVF treatment if they are between 21 and 50 years old.
Men: There’s a slightly higher limit for men. They can undergo IVF procedures between 21 and 55 years old.

Assisted Reproductive Technology (ART)

The Assisted Reproductive Technology (Regulation) [ART] Act, 2021 defines ART to include all techniques that seek to obtain a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.
Examples of ART services include gamete (sperm or oocyte) donation, in-vitro fertilisation (fertilizing an egg in the lab), and gestational surrogacy (the child is not biologically related to the surrogate mother).
ART services will be provided through:

- ART clinics, which offer ART-related treatments and procedures, and
- ART banks, which store and supply gametes.

Key provisions of the Assisted Reproductive Technology (Regulation) [ART] Act, 2021


Regulation of ART clinics and banks	The act provides that every ART clinic and bank must be registered under ICMR’s National Registry of Banks and Clinics of India. The National Registry will act as a central database with details of all ART clinics and banks in the country.
Conditions for gamete donation and supply	Screening of gamete donors, collection and storage of semen, and provision of oocyte donors can only be done by a registered ART bank. A bank can obtain semen from males between 21 and 55 years of age, and oocytes from females between 23 and 35 years of age. An oocyte donor should be a married woman having at least one alive child of her own (minimum three years of age). The woman can donate oocytes only once in her life and not more than seven oocytes can be retrieved from her. A bank cannot supply the gamete of a single donor to more than one couple seeking services.
Eligibility criteria for commissioning parties {Section 21(G)}	ART services may be commissioned by married couples or women where: The woman is between 21 and 50 years of age, and The man is between 21 and 55 years old. Married couples must also be infertile, i.e. unable to conceive after one year of unprotected coitus or suffer from any other proven medical condition which prevents conception.
Conditions for offering ART services	ART procedures can only be carried out with the written informed consent of both the party seeking ART services as well as the donor. The party seeking ART services will be required to provide insurance coverage in the favour of the oocyte donor (for any loss, damage, or death of the donor). A clinic is prohibited from offering to provide a child of pre-determined sex. The act also requires checking for genetic diseases before embryo implantation.
Rights of a child born through ART	A child born through ART will be deemed to be a biological child of the couple (commission couple) and will be entitled to the rights and privileges available to a natural child of the commissioning couple. A donor will not have any parental rights over the child.
National and State Boards	The act provides that the National and State Boards for Surrogacy constituted under the Surrogacy (Regulation) Act, 2021 will act as the National and State Boards respectively for the regulation of ART services.
Offences And Penalties	Offences under this Act include abandoning or exploiting children born through ART; selling, purchasing, or trade of embryos; exploiting the couple or donor in any form; and transfer of an embryo into a male or an animal. Such offences are punishable with imprisonment up to 8 to 12 years and a fine up to Rs 10 to 20 lakhs. Clinics and banks are prohibited from advertising or offering sex-selective ART. Such an offence is punishable with imprisonment ranging between 5 to 10 years or/and a fine of Rs 10 to 25 lakhs.

Challenges Related to ART

Limited Access: Unmarried couples (heterosexual), LGBTQ+ individuals and couples are excluded.
Reduced Options: Only applicable to infertile couples, restricting options for others.
Unregulated Costs: No price control for ART procedures.
Unethical Counselling: Clinic ethics committees might not provide objective advice.
Weak Regulations: Federal and state guidelines may not be strictly enforced.
Lack of Oversight: Independent review needed beyond clinic committees.
Inadequate Consideration: Ethical, legal, and social concerns not fully addressed.

Way Forward

Independent Counselling: Counseling should be provided by independent organisations rather than by the clinics’ own ethics committees.
Government Directives: The federal and state government guidelines should be mandatory for all ART centres, in the interest of the nation, international relations, and public welfare.
Thorough Evaluation: All constitutional, medical-legal, ethical, and regulatory concerns need to be meticulously reviewed before affecting the lives of millions.