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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
Nisha P.p. – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. respondents argue age criteria (Para 2) |
| 2. court declined interim relief (Para 3) |
| 3. eligibility for art services (Para 6 , 7) |
| 4. legislative intent analysis (Para 8) |
| 5. age restrictions discussed (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. parliamentary committee recommendations (Para 15 , 16 , 17 , 18 , 19 , 21 , 22) |
JUDGMENT
The 1st petitioner is the wife of the 2nd petitioner. The petitioners are aged 47 and 62 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 47 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 i
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.
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.
The age restrictions under the Assisted Reproductive Technology (Regulation) Act, 2021, do not impose a composite age limit on commissioning couples; a woman eligible under the Act may access IVF ser....
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