KOCHI: The Union government has approached the Kerala High Court challenging a single judge’s order allowing a couple over 50 years of age to continue with their treatment for having a child under the Assisted Reproductive Technology (ART) despite a 2021 regulation banning it for men over 55 and women over 50.
The appeal came up before a division bench on Saturday and was posted for hearing on November 11.
In the appeal, the Centre pointed out that the High Court on December 19, 2022, had directed the National ART and Surrogacy Board to review the upper age limit prescribed in Section 21(g) of the Act.
The expert board members held a meeting and, after detailed deliberation, found that the age restriction under the Act is valid and needs no interference. Hence, the single judge’s order on May 2023 allowing the couple to continue their IVF treatment is deemed illegal as it does not address the constitutionality of the Act’s provisions.
Besides, the age restrictions have been prescribed considering the child’s welfare. In fulfilling the desire of a couple to become parents, the rights of the unborn child cannot be neglected,” submitted the central government.