The Kerala High Court has granted permission to a couple to proceed with their IVF treatment, noting that the process had commenced in 2013 when they were within the permissible age bracket.

  • Kerala High Court allows IVF services for a couple exceeding the statutory age limit.
  • The court noted treatment began in 2013, well within legal age limits at that time.
  • The couple must provide a notarised undertaking accepting all medical risks and liabilities.
  • The ruling draws precedent from a similar Punjab and Haryana High Court judgment.

In a landmark ruling, the Kerala High Court has permitted a 50-year-old woman and her 55-year-old husband to continue accessing Assisted Reproductive Technology (ART) services. This decision comes despite the couple having crossed the statutory age limit prescribed under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.

The petition was heard by Justice Harisankar V Menon, who examined the timeline of the couple's medical journey. The court observed that the couple had initiated their IVF (in vitro fertilisation) treatment as early as 2013, a period during which both individuals were well within the permissible age limits under the existing regulatory frameworks.

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Why This Matters

BozokMedia analysis shows that this case highlights the tension between strict statutory regulations and the continuity of medical treatments. For many couples undergoing long-term fertility treatments, sudden changes in legislation can pose a significant threat to their biological goals. This judgment provides a legal pathway for continuity in medical procedures that were lawfully initiated.

Judicial intervention in such cases ensures that legislative updates do not retroactively penalize individuals who are already mid-treatment.

The legal battle involved several respondents, including the Union of India, the district collector, and the National and Kerala State ART and Surrogacy Boards. While the Central Government opposed the plea, arguing that the age limits in the ART Act should not be diluted, the court prioritized the principle of parity and medical continuity.

The court specifically referenced a May 2026 judgment from the Punjab and Haryana High Court in the case of Dr. Pushpa vs Union of India. In that instance, a similarly situated couple was allowed to proceed with treatment upon providing an undertaking to bear all potential risks and damages resulting from the procedure.

To ensure legal safety, the Kerala High Court has directed the petitioners to furnish a notarised undertaking. This document must explicitly state that the couple accepts all risks, consequences, and liabilities arising from the IVF procedure, thereby indemnifying the medical providers and regulatory boards.

Did You Know?: IVF involves fertilizing an egg with sperm in a laboratory setting before transferring the embryo to the uterus.

Frequently Asked Questions (FAQs)

1. What is Section 21(g) of the ART Act?
It is a provision that prescribes specific age limits for individuals seeking assisted reproductive technology services.

2. Why did the hospital refuse the treatment?
The hospital cited the statutory age limit under the 2021 Act as the primary reason for not proceeding with the procedure.