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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J.
Jessy Joy Wife Of Joy – Appellant
Versus
The Union Of India – Respondent
JUDGMENT :
The 1st petitioner is the wife of the 2nd petitioner. The petitioners are aged 49 and 58 years, respectively. They are issueless. The 1st petitioner has undergone in-vitro fertilisation (IVF) procedures at the 4th respondent hospital. Although the doctors have advised the 1st petitioner to undergo another IVF procedure, the hospital has declined the procedure for the reason that the 2nd petitioner has surpassed the age of 55 years as stipulated under Section 21 (g) (ii) of the Assisted Reproductive Technology (Regulation) Act, 2021 ('Act', for brevity) and the petitioners fall within the purview of the term “commissioning couple” defined under the Act. Since the 1st petitioner is 49 years of age and she is a “woman” as defined under Section 2 (1)(u) of the Act, and further, the 2nd petitioner has given his consent for the procedure; the 1st petitioner is entitled to undergo the procedure. The refusal of the hospital to provide treatment to the petitioners is an infringement of their right to life. The age restrictions laid down under the Act apply only if the man and woman participate in the Assisted Reproductive Technology (‘ART’) procedure. In the present case, only the
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 services, independent of a partner's age, ensuring equitable access for married and single women.
The Assisted Reproductive Technology Act allows individual eligibility for ART procedures, independent of a spouse's age, affirming the right to access reproductive technology.
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.
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 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.
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