Kerela HC: Married women entitled to undergo IVF even if husband age limit has surpassed the ART Act

The Kerela High Court held that a married woman is entitled to undergo in-vitro fertilisation (IVF) using a donor gamete even if her husband exceeds the age limit prescribed in the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act).

The Bench observed that the ART Act does not impose a collective age restriction for 'commissioning couples' but instead adopts an individual-centric approach.

The hospital denied treatment to the wife in the instant case, aged 46, and her husband aged 57, reasoning the husband's age exceeds the prescribed 55-year limit for men seeking ART Services.