Kochi, Nov 22 The Kerala High Court granted permission to a married couple aged over 50 years to continue their treatment with assisted reproduction technology although under the Reproductive Technology (Regulation) Act (ART Act) the upper age limit for men is 55 years and 50 years for women.
The court granted interim relief to the couple and posted the case along with a bunch of petitions that challenge the upper age limit fixed under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act (ART Act).
The petitioners, a married couple facing infertility issues, had been undergoing treatment for quite a long time.
The petitioner-wife conceived twice with the help of Assisted Reproduction Technology (ART).
But the first child died at the age of six due to pneumonia and when the woman got pregnant the second time by re-commencing the ART treatment, it turned out to be a tubular pregnancy and they had to abort it.
Thereafter, when they began to continue the ART treatment in order to conceive, the ART Act of 2021 was enacted, capping the upper age limit for treatment.
Due to this, the petitioners were prevented from continuing the treatment in view of this.
Therefore, they approached the court challenging the constitutional validity of the ART Act on the ground that it infringes their reproductive choice as citizens, which the Supreme Court has declared as a fundamental right.
The court took note of the situation that the couple had gone through, and granted them permission to continue ART treatment at the hospital of their choice.
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