Kerala HC allows couple over age limit under ART law to continue IVF treatments with undertaking to bear liability

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The Kerala High Court recently allowed a couple to continue In-Vitro Fertilisation treatment, even though one of them had crossed the age limit prescribed under Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act). 

Justice Harisankar V. Menon observed that the petitioners were willing to undergo the treatment by undertakig any liability. The Central Government had pointed out that the provisions of the ART Act could not be diluted and since one of the petitioners had crossed the age limit, the facility could not be provided to them. 

The court noted that the services were extended to a couple similarly by the Punjab and Haryana High Court and held that the petitioners should also be given the same benefits upon furnishing an undertaking before the Kerala State Art and Surrogacy Board. 

Thus the court directed Sabine Hospitals, Muvattupuzha to provide the ART services after the petitioners produced a notarised copy of the undertaking. 

The petitioners were a married couple, of 50 and 49 years, who had started their IVF treatments in 2023.

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