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
| 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/-
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