Why the Health Ministry, IVF experts are concerned about Sidhu Moose Wala’s mother delivering a baby at age 58

What is the controversy?

Charan Kaur, the mother of the late singer Sidhu Moose Wala, underwent IVF treatment at the age of 58 to conceive her child. The couple pursued IVF nearly two years after the tragic loss of their only son, who was murdered on 29 May, 2022, in Punjab’s Mansa district.

Balkaur Singh, the father, accused the Punjab government of harassing him over the birth of his second son.

After the family publicly announced the birth of a healthy baby boy, the Union Health Ministry issued a notice on 14 March to the Punjab government, demanding an explanation of how Charan Kaur was permitted to undergo IVF at the age of 58.

Subsequently, Balkaur Singh claimed that officials from the Punjab Health Department had been troubling him and urged the government to cooperate. He assured full compliance.

Taking to Instagram recently, Singh alleged harasment from the officials to prove that the child was legal. He said, “Two days ago, by the blessings of ‘Waheguru’ and your prayers, we got our Shubhdeep (Sindhu Moose Wala) back,” he said in the video clip, adding, “However, the administration has been harassing me since morning, asking me to furnish documents of the baby. They are posing questions, demanding that I prove that this child is legal.”

 

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He even requested Chief Minister Bhagwant Mann to allow him to complete the treatment and stated his willingness to visit the authorities later. He emphasised in the video, “If I violate the law, then send me behind bars… lodge an FIR against me, put me in jail, and then carry out an investigation. I will provide all the legal documents.”

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Why are experts against pregnancy at this age?

Speaking to South First, Dr Devika Gunasheela, Chairman of Gunasheela IVF Centre in Bengaluru, explained that the new ART Law, after several discussions with stakeholders, established a “hard stop” age limit for IVF at 50 years for women and 55 years for men under the Assisted Reproductive Technology Regulation Act 2021.

“It is surprising that she was allowed to undergo this treatment at the age of 58. The decision to stop at the age of 50 was taken while keeping in mind the physical and emotional risks associated with late pregnancies,” Dr Devika explained.

Meanwhile, doctors explained that there are heightened risks of pregnancy-related complications and pregnancy loss in older women. Babies born to older mothers also have a higher risk of certain chromosomal conditions, such as Down Syndrome​​.

Doctors and health experts emphasised the risks involved in late pregnancies, including miscarriages, blood pressure, diabetes, and the likelihood of premature deliveries.

“These are all heroic acts of IVF centres for publicity. The emotional desire of older couples to have another child, particularly in cases where a couple has lost their only child, can lead to such decisions. However, this is not at all safe,” Dr Gopikrishna G, an obstetrician and paediatrician from Bengaluru, told South First.

Dr Devika elaborated that everyone’s physiology changes as they age. “A woman’s body is not the same at 28 as it is at 38, and even more different at 48, let alone 58,” she explained. She emphasised that the physical stress on the heart, kidneys, liver, etc, varies significantly as a woman grows older. Delivering a child at 58 not only puts the woman’s life at risk but also places the responsibility on families to care for the offspring.

Moreover, IVF experts expressed concern that when the child reaches 20 years old, the parents may no longer be alive, potentially leaving the child orphaned at a young age.

“Childbearing becomes riskier as women age. Complications such as diabetes, stroke, and heart-related issues become more common. The physiology of older women is much different than that of younger women. Hence, such attempts should not be made. This case should be thoroughly investigated as it also involves the ethics of respecting the law,” added Dr Gunasheela.

According to the law, violators of the Act can face fines ranging from ₹5 lakh to ₹10 lakh for the first contravention. Subsequent offenses can lead to imprisonment between three and eight years, and a fine of ₹10 lakh to ₹20 lakh.

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Can Indian women above 50 years conceive?

While this law prevents the misuse of ART, natural conception has no age limits. However, doctors insist that the risk factors remain significant for both natural pregnancies and IVF procedures above the age of 50.

Interestingly, the law permits women above 50 years to undergo IVF in India if they meet stipulated medical and mental health criteria. This is outlined in Section 21(g)(i), which allows for exceptions, thereby expanding access to ART services, specifically IVF.

Dr Gopikrishna stated that such women, who come under special cases, must undergo mandatory health checks, including physical, cardiovascular, gynaecological, and mental health evaluations.

Any underlying diseases must be thoroughly assessed by a medical practitioner. Additionally, the woman must provide insurance cover for the unborn child and have a detailed plan in place for raising the child.