Kerala High Court lets couple above the ART Act age limit continue IVF treatment on a notarised undertaking
1 October 2026
Justice Harisankar V Menon allowed a couple who had crossed the age limit under the Assisted Reproductive Technology (Regulation) Act, 2021 to continue in vitro fertilisation treatment.
The couple had exceeded the age ceiling set by Section 21(g) of the Act, and the hospital declined to provide the treatment they sought.
The court required them to file a notarised undertaking accepting all risks, consequences and liabilities of the procedure.
The judge followed a Punjab and Haryana High Court ruling of May 2026 that had granted similar relief on the same conditions.
In plain words
ART Assisted Reproductive Technology — Medical techniques such as IVF used to achieve pregnancy, regulated in India by a 2021 Act.
IVF In vitro fertilisation — Fertilisation of an egg by sperm outside the body, after which the embryo is transferred to the womb.