SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Online)(KER) 11630

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
Sahina P – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADVS. AKASH S. GIRISH KUMAR M S RICHU THERESA ROBERT
For the Respondent: ADV VISHNU J, GOVERNMENT PLEADER SMT. VIDYA KURIAKOSE, DSGI SRI.DINESH

JUDGMENT :

1. The 1st petitioner is the wife of the 2nd petitioner. The petitioners are aged 47 and 56 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 2 1 (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 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, o

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top