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2026 Supreme(Online)(Ker) 12736

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BRIJIDHA B.S, HARI DAMODARAN – Appellant
Versus
THE UNION OF INDIA, THE STATE OF KERALA, THE DISTRICT REPRODUCTIVE & CHILD HEALTH OFFICER, PRAN HOSPITAL – Respondent
WP(C) NO. 24674 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.S.K.ADHITHYAN, SMT.SHAHINA NOUSHAD, SHRI.REUBEN CHARLY
For the Respondents: SHRI.VISHNU J.

The constitutional validity of age limits in accessing Assisted Reproductive Technology services was upheld.

Headnote:The Assisted Reproductive Technology (Regulation) Act, 2021 prohibits access to services based on age limits. Petitioners challenged Section 21(g) for constitutional validity and sought direction for service provision. The court found no grounds for relief following precedent set in Pushpa K. & anr. Vs The Union of India & Ors., dismissing the petitioners’ claims. The petition is dismissed.

Table of Content
1. challenge to age limits for art. (Para 1)
2. ruling based on previous case precedent. (Para 2)

JUDGMENT

This writ petition is filed by the petitioners, who are husband and wife, either of them, 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 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 petition.

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 petition is liable to be dismissed.

Accordingly, the writ petition is dismissed.

Sd/-

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