Kerala High Court Allows Woman to Undergo IVF Despite Husband

Kerala High Court Allows Woman to Undergo IVF Despite Husband’s Age: A Landmark Decision

In a significant judgment, the Kerala High Court recently ruled in favor of a woman seeking in-vitro fertilization (IVF) despite her husband’s age exceeding the statutory limit of 55 years as stipulated in the Assisted Reproductive Technology (Regulation) Act, 2021. The ruling, which highlights a progressive interpretation of the law, underscores the woman’s independent right to access Assisted Reproductive Technology (ART) services.

Background of the Case

The case arose when a hospital denied the woman permission to undergo an IVF procedure, citing her husband’s age exceeding the limit prescribed under Section 21(g)(ii) of the ART Act, 2021. This section of the law mandates that a man seeking ART services should not be older than 55 years. The woman challenged this decision by filing a writ petition, arguing that her eligibility for the procedure should not be dependent on her husband’s age.

According to Dr. Samit Sekhar, owner and Director at Kiran Infertility centre some of the Key Observations by the Court

The Kerala High Court, upon reviewing the case, made several crucial observations:

1. Independent Eligibility of the Woman: The court clarified that the ART Act does not impose an age restriction on a woman seeking IVF based on her husband’s age. Her eligibility is determined independently.
2. Consent Requirement: The only legal requirement for the husband in this context was to provide consent in Form 8, confirming his acknowledgment of any child born through the procedure as his legal heir.
3. Holistic Interpretation of the Act: The court emphasized the need for a holistic understanding of the ART Act, asserting that denying ART services solely on the husband’s age was an unfair restriction on the woman’s reproductive rights.
4. Recognition of Reproductive Rights: The judgment aligns with the broader constitutional rights of individuals, particularly a woman’s right to make reproductive choices.

• • According to Dr. Sekhar this ruling has a significant impact on
• • Women’s Autonomy: The ruling reinforces that reproductive decisions should primarily center on a woman’s rights and choices rather than being dictated by her spouse’s age.
• • Potential Reforms in ART Regulations: This case may pave the way for reviewing and possibly amending certain provisions of the ART Act to ensure a more inclusive and fair application.
• • Setting a Legal Precedent: The judgment sets a precedent for future cases where legal provisions might restrict access to reproductive technologies due to rigid interpretations.
• • Increased Access to ART Services: More women in similar situations can now approach medical institutions with confidence, knowing that their rights are protected under judicial interpretation.

Finally Dr. Samit Sekhar concludes that the Kerala High Court’s ruling is a step forward in ensuring reproductive rights and gender equality in ART regulations. By allowing the woman to proceed with IVF despite her husband’s age, the court has upheld the principle that a woman’s right to motherhood should not be constrained by external factors, including her partner’s age. “We welcome this  judgment serves as a beacon of hope for many women facing similar legal and medical hurdles in their journey toward parenthood.”