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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Sajitha Abdul Nazar Wife Of Abdul Nazer P – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. counter affidavit by 1st respondent (Para 2) |
| 2. court's analysis of art act (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
2. The 1st respondent has filed a counter affidavit contending that, as the 2nd petitioner has exceeded the age criteria prescribed under Section 21 (g) (ii)of the Act, the petitioners are ineligible to avail the ART services. Merely because the 1st petitioner has not surpassed the age prescribed under Section 21(g)(i) of the Act, she is not entitled to proceed with the procedure. In view of Section 2(1) (e) of the Act, which explicitly defines a commissioning couple, the petitioners have to fulfil the conditions under Sections 2(1)(e) and 21(g) of the Act. The Act has been enacted considering the status of a single woman (unmarried, divorcee and widow) and a married woman. The criteria for selecting the beneficiaries under the Act was discussed by the Parliamentary Committee as per Ext.R1(a) report. The age restrictions in the Act have been laid down after considering the best interest of the child to be born through the ART procedure. The petitioners have filed the writ petition as
The court ruled that age restrictions in ART apply only when both partners are involved; a woman can proceed independently if eligible, regardless of her husband's age.
The Assisted Reproductive Technology Act allows a woman to seek ART services independently of her husband's age, emphasizing individual eligibility over couple-based restrictions.
The Assisted Reproductive Technology Act permits a woman to undergo ART independently of her husband's age, provided he consents, ensuring no unconstitutional classification based on marital status.
The Assisted Reproductive Technology Act permits a woman to undergo ART independently of her husband's age, provided he consents, emphasizing individual eligibility over couple-centric restrictions.
The Assisted Reproductive Technology Act allows individual eligibility for ART procedures, independent of a spouse's age, affirming the right to access reproductive technology.
The Assisted Reproductive Technology Act allows individual eligibility for ART services, independent of a partner's age, ensuring equitable access for married and single women.
Age restrictions in ART legislation apply to both partners only when both are involved; a woman can proceed independently if eligible, despite her husband's age.
The Assisted Reproductive Technology Act allows individual eligibility for ART services, independent of a spouse's age, provided consent is given.
The Assisted Reproductive Technology Act permits a woman to undergo ART independently of her husband's age, provided he consents, as age restrictions apply individually, not collectively.
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