Feet of new born Baby in Hands of parents
The petitioners, aged 50 and 49, had commenced IVF treatment in 2023, when both were within the permissible age limits –– 21 to 50 years for the female partner and 21 to 55 years for the male partner. The central govt counsel opposed the petition, contending that the provisions of Section 21(g) of the Act could not be diluted and that, since one of the petitioners had admittedly crossed the prescribed age limit, the couple could not be provided ART services. Meanwhile, the petitioners produced a May 19, 2026, judgment of the Punjab and Haryana HC in Dr Pushpa and Another vs Union of India, in which the court permitted a couple to continue ART treatment.
Kochi : The high court has permitted a couple to continue IVF treatment despite one partner having crossed the age limit prescribed under the ART Regulation Act, subject to their undertaking to bear all risks associated with the procedure. A bench of Justice Harisankar V Menon issued the order on a petition filed by a couple from Thrissur. the court relied on a Punjab and Haryana HC judgment that permitted a similarly placed couple to continue treatment, subject to an undertaking to bear the risks associated with the procedure While allowing the petition. As the female partner had crossed the prescribed age limit, the hospital authorities declined to continue the treatment, prompting the couple to approach the HC. They also furnished an undertaking that they would bear the risks associated with the procedure.