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2026 Supreme(Online)(Mad) 41919
IN THE HIGH COURT OF JUDICATURE AT MADRAS
L.Victoria Gowri, J
Muthamizh Vithagi – Appellant
Versus
Union of India – Respondent
W.P. No. (Not provided)
For the Appellants/Petitioners: C.S.Saravanan
For the Respondents: K.K.Muralitharan, S.J.Mohamed Sathik
The court permitted the continuation of IVF treatment for a petitioner couple despite the husband exceeding the age limit of 50, citing a previous High Court order as a binding precedent, and directed authorities to facilitate the treatment at the petitioner's own risk.
Headnote:The petitioner sought a writ of mandamus to direct the relevant medical and government authorities to permit her and her husband to continue Assisted Reproductive Technology (IVF) treatment, despite the husband having crossed the age of 50 years. The court examined whether the age-related restriction should be relaxed given previous judicial precedents. The court framed the issue around the petitioner's right to access reproductive medical services despite statutory or procedural age impediments for the husband. Relying on the reasoning in W.P.(MD).No.17017 of 2025, the court held that in the interest of justice and consistent with previous parity, the authorities should allow the treatment to proceed, provided the petitioners acknowledge the inherent risks. In the result, the writ petition is disposed of with a direction to the respondents to facilitate the IVF treatment as per the cited precedent, at the petitioner's own risk.
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| 1. judicial discretion allows relaxation of age-related ivf restrictions based on parity and established precedents. (Para 1 , 2 , 3 , 4) |
ORDER
Seeking direction to the respondents 2, 5 and 6 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, this writ petition is filed.
2.Considering the limited scope, this writ petition is disposed of at the admission stage itself.
3.The learned counsel for the petitioner submitted that the petitioner’s husband has crossed the age of 50 years. In view of the same, there is an impediment for continuing the IVF treatment. However, a similar matter has been considered by the Madurai Bench of this Court in W.P.(MD).No.17017 of 2025 and by order dated 09.07.2025, the Madurai Bench of this Court has permitted the petitioner therein to continue IVF treatment at their own risk. In view of the aforesaid judgment, the petitioner and her husband are permitted to undergo IVF treatment at their own risk.
4.Considering the limited relief sought for by the petitioner, the respondents are directed to carry out IVF treatment to the petitioner and her husband as per the order passed in W.P.(MD).No.17017 of 2025 dated 09.07.2025, at the own risk of the petitioner and her husband, promptly and as expeditiously as possible.
5.In the result, this Writ Petition is disposed of. No costs.
