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2026 Supreme(Online)(Ker) 27445

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
MUBEENA T.C – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ADITHYA RAJEEV, SMT.S.PARVATHI, SMT.SAFA NAVAS
For the Respondents: SRI.SHAMEER P.M.-GOVT. PLEADER, O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA

Table of Content
1. challenges to art act age limits and facts of infertility treatment. (Para 1 , 2)
2. hearings, interim relief, and reliefs sought. (Para 3 , 4 , 5)
3. division bench upholds age limits; petition dismissed. (Para 6 , 7 , 8 , 9)

JUDGMENT

This writ petition has been filed by the petitioners, challenging the constitutional validity of Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021 ( for short ' the Act') to the extent it prescribes the maximum age limit for men and women to seek ART services from licenced clinics and also seek a direction to the respondents to take steps to provide ART services to the petitioners.

2. Petitioners are husband and wife. 1stpetitioner/wife is aged 43 and 2ndpetitioner husband is aged 57. They have a child, who is now aged 11 years. They are desirous of having another child and therefore from 2019 onwards they are undergoing treatment for infertility at Naha's Centre for Assisted Reproduction and Endoscopy, Nahas Hospital, Malappuram. Frozen embryo transfer procedure was performed on 10.12.2021 and was thereafter performed on 7.3.2022. However, the treatment was unsuccessful. In the light ofSection 21(g) of the A

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