Court Allows Married Couple to Proceed with ART Services on Furnishing Undertaking to Bear All Risks
In a significant judgment, the Kerala High Court has allowed a married couple to continue their In Vitro Fertilization (IVF) treatment despite one partner crossing the permissible age limit as defined under the Assisted Reproductive Technology (Regulation) Act, 2021. The court's decision comes as a relief for the couple who had commenced their IVF procedures in 2023 when they were within the legally prescribed age limits.
The petitioners, aged 50 and 49, approached the court after their treatment was halted by the hospital due to one of them surpassing the age cap defined in Section 21(g) of the Act. Represented by advocates Sri.Vimal Vijay and Smt.Dinu N.G., the couple expressed willingness to proceed with the treatment at their own risk, offering to furnish a notarized undertaking to assume all associated risks, consequences, and liabilities.
Justice Harisankar V. Menon, presiding over the case, noted the similar relief granted by the Punjab and Haryana High Court in a comparable situation. The court acknowledged the petitioners' readiness to bear the risks and directed that ART services be provided to them, subject to the submission of a notarized undertaking.
The Union of India, represented by the learned Central Government Counsel Shri.Joseph Rony Jose, objected, citing the statutory age limit's non-dilutable nature. However, the court, considering the peculiar facts of the case, allowed the continuation of treatment, emphasizing the petitioners' proactive stance in assuming responsibility.
In a procedural move, the court also impleaded the Kerala State ART and Surrogacy Board as an additional respondent to ensure compliance with the court's directions. Upon furnishing the required undertaking, the petitioners will be able to proceed with their IVF treatment.
This judgment underscores the judiciary's role in balancing statutory provisions with individual circumstances, providing a humane solution to couples seeking reproductive assistance.
Bottom Line :
Assisted Reproductive Technology (Regulation) Act, 2021 - Couple had commenced IVF/ART treatment when both were within permissible age limit - Subsequently one of them crossed age limit under Section 21(g) - Court permitted continuation/provision of ART services on furnishing notarised undertaking to bear all risks, consequences and liabilities, following similar relief granted by Punjab and Haryana High Court.
Statutory provision(s): Assisted Reproductive Technology (Regulation) Act, 2021 Section 21(g), Constitution of India, 1950 Article 226
Usha v. Union of India, (Kerala) : Law Finder Doc id # 2989326
