Court Overturns Denial of Assisted Reproductive Technology on Grounds of Age, Emphasizes Statutory Provisions
In a landmark judgment, the Punjab and Haryana High Court has set aside an order denying Assisted Reproductive Technology (ART) services to a couple based on age-related restrictions. The court ruled in favor of Sarbjit Kaur and her husband, who were previously denied access to ART services due to age concerns, stating that the denial violated the objectives of the ART Act and related legal frameworks.
The petitioners, Sarbjit Kaur (47) and her husband (56), approached the court after their request for ART services was rejected by the State Appellate Authority. The couple sought to use ART to conceive another child following the tragic loss of their son. Although Mrs. Kaur had reached menopause, a medical assessment confirmed that both individuals were healthy candidates for IVF treatment.
The court, presided over by Justice Suvir Sehgal, emphasized the statutory provisions of the Assisted Reproductive Technology (Regulation) Act, 2021, noting that the Act does not impose age restrictions on couples but rather on individuals based on gender. The judgment referenced prior decisions by the Calcutta High Court, which similarly affirmed that ART services should be accessible to couples irrespective of age.
Justice Sehgal highlighted that the ART Act allows for gamete and oocyte donation, countering the respondents' claims that Mrs. Kaur's menopause and absence of viable oocytes barred her from undergoing IVF. The court argued that rejecting services based on this reasoning contravenes the spirit of both the ART Act and the Surrogacy (Regulation) Act, 2021.
Furthermore, the court dismissed concerns about potential health risks and genetic abnormalities associated with ART procedures, underscoring that such risks do not constitute legal prohibitions under the ART Act. Additionally, the court found no statutory basis for denying ART services due to the couple having a living child.
The ruling is considered a significant affirmation of reproductive rights under Indian law, ensuring that age-related biases do not obstruct access to ART services. The decision reflects a broader judicial trend toward accommodating advancements in reproductive technology within the legal framework.
Bottom Line:
Assisted Reproductive Technology (ART) - No age restriction for commissioning couple under ART Act, 2021 - Gamete donation and oocyte donation permissible under statutory framework - Grounds rejecting access to ART services not tenable.
Statutory provision(s): Assisted Reproductive Technology (Regulation) Act, 2021 Sections 21 and 27; Surrogacy (Regulation) Act, 2021
Sarbjit Kaur v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2843006
