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2025 Supreme(Online)(Mad) 43560
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Srimathy, J
Rajalakshmi – Appellant
Versus
The Union of India, Department of Health and Family Welfare – Respondent
W.P(MD)No.17017 of 2025
For the Appellants/Petitioners: Mr.Ganapathi Subramanian
For the Respondents: Mr.K.Govindarajan, Deputy Solicitor General of India, for R-1, Mr.J.Amjadkhan, for R-2 to R-6
The court permitted IVF treatment despite the husband's age exceeding regulations, provided the wife remains eligible, focusing on individual rights within statutory frameworks.
Headnote:The Writ Petition filed under Article 226 requests a Mandamus for permission to continue IVF treatment despite the husband's age exceeding the prescribed limit under the Assisted Reproductive Technology (Regulation) Act, 2021. The Court found the wife still within the permissible age limit and allowed her to proceed with treatment. The court directives emphasized medical procedures must be conducted promptly at the petitioner's risk. "With the above directions, this Writ Petition is disposed of."
| Table of Content |
|---|
| 1. petitioner's eligibility for ivf treatment despite husband's age limit. (Para 1 , 3 , 4) |
| 2. court's directive for treatment at own risk. (Para 5) |
| 3. final disposition of writ petition. (Para 6) |
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to grant permission to the Petitioner and her husband to continue with the IVF treatment thereby enabling them to get their valuable right to get a child through the Assisted Reproductive Technology Services.
2.Under the Assisted Reproductive Technology (ART) services, the age limit is fixed at 55 years for the husband and 50 years for the wife.
3. In the present case, the husband has crossed the age limit prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021 . However, the wife is still within the permissible age limit, as she is now 49 years old. The petitioner now claims that they intend to proceed under the provisions of the . Therefore, the husband's age exceeding the prescribed limit should not be considered an impediment to the continuation of the process.
4. The contention of the respondents is that the petitioner has already undergone IVF treatment at Madurai ARC Hospital using her own gametes, which resulted in a miscarriage. She is currently classified as high-risk. Therefore, based on the medical report, it is advised that the petitioner should not undergo further IVF treatment. However, the petitioner is willing and ready to proceed with IVF treatment at her own risk.
5. Considering the facts of the case, the petitioner is permitted to undergo IVF treatment according to medical procedures, at her own risk. The respondents are directed to carry out the medical procedures prescribed under the Assisted Reproductive Technology Services promptly, as expeditiously as possible.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
