IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 13^TH DAY OF AUGUST 2024 / 22ND SRAVANA, 1946 WP(C) NO. 26048 OF 2024 PETITIONERS:

1 PRASHANTHAN.N, AGED 63 YEARS S/O RAGHAVAN, RESIDING AT RAGHAVAM, PALLIKUNNU, P.O KANNUR, PIN - 670004

2 SUNITHA.K AGED 53 YEARS W/O PRASHANTHAN RESIDING AT RAGHAVAM, PALLIKUNNU, P.O KANNUR, PIN - 670004 BY ADVS.

ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI PRAJIT RATNAKARAN KRISHNAPRIYA R.

SITHARA RAHEEM V.K.

RESPONDENTS:

1 DISTRICT REPRODUCTIVE & CHILD HEALTH (RCH) OFFICER DISTRICT MEDICAL OFFICE-HEALTH, COLLECTORATE ROAD, THAVAKKARA. KANNUR, PIN - 670002

2 REGISTRAR KERALA STATE MEDICAL COUNCIL MODERN MEDICINE COMBINED COUNCIL BUILDING RED CROSS ROAD, NEAR CENTRAL HOSPITAL THIRUVANANTHAPURAM, PIN - 695035

3 THE CHAIRMAN MEDICAL COUNCIL OF INDIA POCKET- 14, SECTOR -8, DWARAKA PHASE –I NEW DELHI, PIN - 110077

4 STATE OF KERALA REPRESENTED BY ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE SECRETARIAT, THIRUVANANTHAPURAM.

THIRUVANANTHAPURAM, PIN - 695001 SRI. SUNILKUMAR KURIAKOSE, SR. GP.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

V.G. ARUN, J ..................................................

W.P.(C)No.26048 OF 2024 ..........................................

Dated this the 13^th day of August, 2024

JUDGMENT

The prayer in this writ petition is to allow the petitioners to undergo assisted reproductive treatments like In Vitro Fertilization or such other method, notwithstanding the fact that the 1^st petitioner has crossed 55 years, the upper age limit in Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.

2. The earlier interim orders granted by this Court under similar circumstances is stayed by the Division Bench as per the order in Writ Appeal No.768 of 2024. Therefore, the relief sought by the petitioners cannot be granted till the writ appeal is decided.

The writ petition is dismissed accordingly.

Sd/-

V.G. ARUN JUDGE ACR APPENDIX OF WP(C) 26048/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LABORATORY REPORT DATED

30.09.2022 Exhibit P2 A TRUE COPY OF THE LABORATORY REPORT DATED

29.10.2023 Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY DR. JAYALAKSHMI SURAJ DATED 20.06.2024