Kerala High Court allows 50 and 49-year-old couple to continue IVF treatment
GS2Polity · Governance · IR· Health policy & public health· Prelims + Mains·
Reproductive autonomy vs. statutory limits: a GS2 case study on judicial interpretation of bioethics laws.
Why in news
The Kerala High Court allowed a 50 and 49-year-old couple to continue IVF treatment despite the age limits prescribed under the Assisted Reproductive Technology (Regulation) Act, 2021.
Background
The Kerala High Court ruled in favor of a couple seeking IVF treatment at Sabine Hospitals, Muvattupuzha. Justice Harisankar V. Menon cited a precedent from the Punjab and Haryana High Court to override the Central Government's argument regarding the Act's age breach.
Facts for Prelims
- Act / BillAssisted Reproductive Technology (Regulation) Act, 2021: Central legislation governing IVF and reproductive technologies.
- BodyKerala State Art and Surrogacy Board: The body responsible for overseeing and regulating ART and surrogacy in Kerala.
- FactThe couple involved in the litigation was aged 50 and 49 years respectively.
Prelims practice question
Which central legislation governs IVF and reproductive technologies in India?
- (a)Medical Termination of Pregnancy Act
- (b)Assisted Reproductive Technology (Regulation) Act, 2021
- (c)Surrogacy (Regulation) Act, 2021
- (d)Pre-Conception and Pre-Natal Diagnostic Techniques Act
Show answer
Answer: (b) Assisted Reproductive Technology (Regulation) Act, 2021 — The note identifies the Assisted Reproductive Technology (Regulation) Act, 2021 as the central legislation governing IVF.
For Mains
Q. Discuss the tension between statutory age limits in reproductive legislation and the fundamental right to reproductive autonomy in India.
Dimensions to cover in your answer
- Legal conflict: Statutory age caps vs. individual reproductive rights under Article 21
- Regulatory oversight: Balancing medical ethics with the mandate of State Art and Surrogacy Boards
Keywords: Reproductive Autonomy · Statutory Interpretation · Judicial Activism · Bioethics · Regulatory Compliance
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