6 days ago
Kerala High Court Allows Couple’s IVF Despite Age Limit
A couple in Kerala wanted to continue IVF treatment after becoming older than the legal age limit.
They had started the treatment in 2013, when they were young enough under the rules.
The hospital did not agree to provide the procedure after they crossed the limit.
The couple asked the Kerala High Court for permission to continue.
The government argued that the age rule had to be followed.
The court allowed the treatment to proceed under the law.
The couple must first sign a notarised promise accepting responsibility for risks and consequences.
The court said this was similar to an earlier decision by the Punjab and Haryana High Court.
The Kerala High Court allowed a 50-year-old woman and 55-year-old man to continue ART treatment.
The couple began IVF treatment in 2013, when both were within the permissible age limit.
The court made treatment conditional on a notarised undertaking accepting all risks, consequences and liabilities.
The Centre argued that the statutory age limit under Section 21(g) could not be diluted.
The ruling cited a similar Punjab and Haryana High Court decision allowing treatment after an undertaking.
- Who
- A 50-year-old woman and her 55-year-old husband, the Union of India, and ART authorities were involved.
- What
- The Kerala High Court allowed the couple to continue assisted reproductive technology treatment despite crossing the statutory age limit.
- Where
- The case was heard in the Kerala High Court, involving treatment at an unnamed hospital in Kerala.
- When
- The couple began IVF treatment in 2013; the Kerala High Court issued its order on August 19.
- Why
- The couple had started treatment within the permitted age and agreed to accept all risks, consequences and liabilities.
Couple and Court
Union Government
Age-limit exception
Couple and Court
The couple argued that they should be allowed to continue because treatment began in 2013, when they were within the permissible age, and they were willing to accept responsibility for any risks.
Union Government
The Centre argued that the couple had crossed the age limit under Section 21(g) and that the statutory provision could not be diluted.
Basis for allowing treatment
Couple and Court
The court considered the couple's undertaking and a similar Punjab and Haryana High Court decision before granting conditional relief.
Union Government
The Centre maintained that no ART facility could be provided once the prescribed age limit had been exceeded.
Key facts
- Woman's age
- 50
- Husband's age
- 55
- Treatment began
- 2013
- Relevant law
- Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021
- Condition for treatment
- A notarised undertaking accepting all risks, consequences and liabilities
- Presiding judge
- Justice Harisankar V Menon
- Related precedent
- A May 19, 2026 Punjab and Haryana High Court judgment involving a similar issue
Quotes
Justice Harisankar V Menon
Kerala High Court judge who issued the order
“Needless to say, upon the petitioners furnishing the aforesaid as a notarised undertaking, the ART services shall be provided to them in accordance with law”
indianexpress.com
Sources
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