Married Woman Can Undergo IVF Despite Husband's Ineligibility: Kerala High Court

The Kerala High Court has ruled that a married woman of eligible age can independently undergo Assisted Reproductive Technology (ART) procedures, even if her husband surpasses the age limit, provided he consents.

Justice C.S. Dias emphasized that the ART (Regulation) Act 2021 follows an individual-centric approach, with separate age criteria for men (21-55 years) and women (21-50 years).

The court highlighted that denying ART services based on a husband's ineligibility would create an unfair disadvantage for married women compared to single women. 

The ruling allowed the 46-year-old petitioner to proceed with IVF despite her 57-year-old husband's ineligibility.