In a significant ruling that upholds reproductive rights, the Kerala High Court has declared that a married woman can undergo in-vitro fertilization (IVF) treatment using donor sperm even if her husband has surpassed the age limit set by the Assisted Reproductive Technology (ART) (Regulation) Act, 2021. This verdict ensures that a woman’s eligibility for ART services is judged independently of her spouse’s age, reinforcing reproductive autonomy and gender equality.
The Case That Sparked the Debate
A couple—where the wife was 46 years old and the husband 57—approached an ART clinic for IVF treatment. However, their request was denied due to the ART Act’s age restrictions. According to Section 21(g) of the Act, ART services are permitted for women aged 21–50 and men aged 21–55. Since the husband had crossed the prescribed limit, the clinic refused treatment.
This denial led the couple to file a petition with the Kerala High Court, arguing that a woman’s right to ART services should not be dictated by her husband’s age, especially when donor sperm is an option.
A Landmark Judgment
Justice C.S. Dias, who presided over the case, ruled in favor of the couple. The court stated that denying a married woman access to ART services simply because her husband exceeded the age limit was unfair and discriminatory. The ruling emphasized the following key points:
- The ART Act does not impose a combined age limit on commissioning couples.
- A woman who meets the legal age criteria should not be deprived of ART services based on her husband’s age.
- Married women should not be placed at a disadvantage compared to single women who can access ART services without restrictions related to a male partner’s age.
What This Means for Women Seeking IVF
This ruling is a major victory for reproductive rights in India. It recognizes a woman’s independent right to seek ART services, regardless of her husband’s age, as long as she meets the legal requirements and has his consent. It also ensures that outdated societal norms do not hinder a woman’s ability to start a family.
The Bigger Picture
The Kerala High Court’s decision sets an important precedent for similar cases across the country. It aligns with the broader global movement toward reproductive autonomy and equal access to medical advancements in fertility treatments.
For many women, this judgment removes an unnecessary barrier to accessing ART, providing hope and options for those who wish to conceive later in life.
At House of Gynaecologists, we believe every woman should have the right to make informed decisions about her reproductive health. This ruling is a step in the right direction, ensuring that policies evolve to empower women rather than restrict their choices.
Stay tuned for more updates on reproductive rights and women’s health!
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