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

2026 Supreme(Online)(Ker) 7179

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ALINKEEL RAJASREE – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 37488 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.ANANDAKRISHNAN K., SMT.HIMA S. NAIR
For the Respondents: SMT.GAYATHRI KRISHNAN

The constitutionality of age restrictions in accessing Assisted Reproductive Technology services was upheld.

Headnote:This matter concerns a writ petition challenging Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021, which limits access to ART services based on age. The petitioners, a married couple past the stipulated age limits, seek a declaration of unconstitutionality regarding this age restriction. The court, following precedent set in Pushpa K & anr. Vs The Union of India, ruled against the petitioners, denying them relief. The central issue framed by the court revolved around the constitutionality of the age limits prescribed by the Act. The court concluded that the age restrictions upheld in the previous ruling must remain, thus dismissing the petition.

Table of Content
1. petitioners challenge age limits for art services. (Para 1)
2. court upheld precedent denying claims for relief. (Para 2)

JUDGMENT

This writ petition is filed by the petitioners, who are husband and wife, having crossed the upper age limit of 50 years for women and 55 years for men prescribed under the Assisted Reproductive Technology (Regulation) Act , 2021 (for short, “the Act”). The Act prohibits the application of the Assisted Reproductive Technology services (ART services) to the persons above the prescribed age limit. Challenging the constitutional validity of Section 21 (g) of the Act to the extent it prescribes a maximum age for men and women to seek ART services from licensed clinics and also seeking a direction to the respondents to take immediate steps to provide ART services to the petitioners, they have approached this Court with the above writ petitions.

2. A similar issue had come up before this court in Pushpa K & anr. Vs The Union of India & Ors. [W.P(C) No.352 of 2013 and connected cases] and this court by common judgment dated 31.01.2026 has dismissed the writ petitions. Following the judgment in Pushpa K.(supra), I find that the petitioners are not entitled to any relief as claimed and the writ petitions are liable to be dismissed.

Accordingly, the writ petition is dismissed.

Sd/-

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 Back to top