The woman has challenged the reproductive technology act,
which restricts access to IVF for women above 50 years of age
By Our Reporter
SHILLONG, March 5: In a case that is expected to set a precedent on reproductive rights and the limits of medical intervention based on age regulations, the High Court of Meghalaya has allowed a 51-year-old woman to begin the preparatory phase of In Vitro Fertilization (IVF) while it hears her legal challenge against the Assisted Reproductive Technology (Regulation) Act, 2021, which restricts access to IVF for women above 50 years of age.
The case was filed by Silbania Lyngdoh after the Institute of Human Reproduction (IHR) in Guwahati refused to perform IVF on her due to the legal age limit. Lyngdoh, who was 50 years and 9 months old at the time of filing the petition, is contesting Section 21(g)(i) of the Act, arguing that it unfairly bars her from accessing medical assistance for conception.
In an earlier interim order, the court had asked the institute to submit an expert report on the feasibility and risks of performing the procedure on Lyngdoh. The report, presented in court, strongly warned against pregnancy at her age, citing high risks such as thromboembolism and increased maternal mortality. The state government also referred to a Kerala High Court ruling from August 6, 2024, which upheld the constitutionality of the age limit in the Act.
Despite these concerns, the High Court of Meghalaya noted that the law allows IVF up to the age of 50, and questioned whether turning 51 would make the procedure “imminently dangerous.” The bench, comprising Chief Justice IP Mukerji and Justice W Diengdoh, suggested a case-by-case evaluation rather than a blanket ban based solely on age.
Drawing from a Calcutta High Court order in a similar case, the Meghalaya HC ruled that IVF preparation, including embryo creation and preservation, may proceed while the court decides the final legality of the procedure for the petitioner. The final implantation, however, will depend on the outcome of the case.
The Centre and state governments have been given until March 13, 2025, to submit their responses on the constitutional validity of the law, particularly its compliance with Articles 14 and 21 of the Constitution. The matter is scheduled for its next hearing on March 25, 2025.