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

The Kerala High Court has permitted a couple, aged 50 and 49 years, to continue their In-Vitro Fertilisation (IVF) treatments despite one of them exceeding the age limit set by the Assisted Reproductive Technology (Regulation) Act, 2021. Justice Harisankar V. Menon ruled that the couple was prepared to undergo the treatment while bearing any liability.

The Central Government had argued that the provisions of the ART Act could not be altered, and since one petitioner had surpassed the age limit, the facility could not be granted. The court acknowledged that the Punjab and Haryana High Court had previously granted similar permissions, and thus, the Kerala State ART and Surrogacy Board directed Sabine Hospitals, Muvattupuzha to provide the ART services after the petitioners provided a notarised copy of their undertaking. The married couple commenced their IVF treatments in 2023.