Kerala HC asks Centre to reconsider age cap for couples undergoing ART

Under the maximum age limit for assisted reproductive technology (ART), many childless couples are finding it impossible to continue with their treatment. Justice VG Arun also ordered the National Assisted Reproductive Technology and Surrogacy Board to bring the issue to the attention of the Centre in three months.

Ernakulam: The Kerala High Court has instructed the Central Government to reconsider the maximum age limit fixed for childless couples undergoing assisted reproductive technology (ART) procedures like in-vitro fertilisation (IVF). The current age limit for women is 50 and men 55.

A single judge bench passed the latest verdict after hearing the pleas of some couples who became ineligible for ART procedures which they have already started prior to the current age limit restrictions coming into force. Justice VG Arun, who issued the verdict, has also ordered the National Assisted Reproductive Technology and Surrogacy Board to bring this to the attention of the Central Government in three months. The Board advises the Central government on matters of ART and artificial insemination.

The new rule, which came into effect on January 25, 2022, fixed the maximum age limit after which many couples are finding it impossible to continue with their treatment. This is also against the personal freedom guaranteed by the Constitution, said the plea.

Giving birth to children and raising a family is a fundamental right. An age limit will curtail that right. The rule that does not give a concession to those who are undertaking the medical treatment currently is dictatorial and also irrational, the High Court said. It further observed that when the rule came into effect, many were undergoing treatment.

The age limits in many countries also came up for discussion. The High Court has allowed the couples, who were undergoing the treatment at the time of the imposition of age limits, to continue with their medical treatment.