Kerala HC allows couple above ART age limit to continue IVF treatment

The Kerala High Court has permitted a 50-year-old woman and her 55-year-old husband to access assisted reproductive technology (ART) services despite having crossed the statutory age limit, noting that the couple had started IVF treatment in 2013 when they were both within the permissible age.

Justice Harisankar V Menon allowed the couple to proceed with the treatment on the condition that they submit a notarised undertaking accepting all risks, consequences and liabilities associated with the procedure.

The couple had approached the High Court against the Union government, the district collector, the National and Kerala State ART and Surrogacy Boards, the director of health services and the hospital where they had previously received treatment, the Indian Express reported.

According to the court order, the couple began IVF treatment at the hospital in 2013, before the Assisted Reproductive Technology (Regulation) Act, 2021 prescribed the relevant age restrictions. They later approached the court after exceeding the age limit under Section 21(g) of the Act, claiming that the hospital was unwilling to provide the treatment they sought.

The couple told the court that they remained willing to undergo the procedure and were prepared to accept any liability arising from it. Their lawyer relied on a May 19, 2026 ruling of the Punjab and Haryana High Court in Dr Pushpa and Another vs Union of India and Others, which dealt with a similar issue.

In that case, the petitioners had agreed to submit an undertaking accepting responsibility for any injury or damage suffered by the woman as a result of the treatment. The Punjab and Haryana High Court subsequently permitted further treatment once the undertaking was furnished.

Following the same approach, the Kerala couple agreed to provide an undertaking to the Kerala State ART and Surrogacy Board before receiving the services.

The Centre opposed the petition, maintaining that the age restriction under Section 21(g) of the ART Act could not be relaxed. Its counsel argued that since the couple had admittedly exceeded the prescribed age, they could not legally be provided the facility.

The Kerala High Court, however, took note of the couple’s willingness to assume the risks and the precedent set by the Punjab and Haryana High Court. It held that they should receive similar relief, subject to submission of an undertaking before the concerned authority accepting responsibility for all risks, consequences and liabilities arising from or connected with the treatment.

The court made the permission conditional on the couple furnishing a notarised undertaking accepting all risks and liabilities associated with the ART procedure.