Assisted Reproductive Technology (Regulation) Act 2021 Archives

“Age bar under ART Act applies to individuals, not the couple as a unit”; Gujarat HC allows couple to avail IVF despite wife crossing prescribed age-limit

The Court held that so long as one spouse of a “commissioning couple” satisfies the age criteria prescribed under Section 21(g), Assisted Reproductive Technology (Regulation) Act, 2021, the couple cannot be denied access to Assisted Reproductive Technology services merely because the other spouse has exceeded the upper age-limit, following a consistent line of decisions of the Calcutta, Madhya Pradesh and other High Courts.

Case Briefs High Courts

No bar for couple with one child to opt for IVF, rules Punjab and Haryana High Court

“The primary purpose of the Assisted Reproductive Technology (Regulation) Act, 2021 is to regulate and supervise the Assisted Reproductive Technology clinics and banks, so as to prevent their misuse and avoid unsafe and unethical practices.”

Case Briefs High Courts

Kerala High Court | Assisted Reproductive Technology Act, 2021 cannot be invoked to stultify right of a couple to use their own embryo for developing it into a fetus

“Life inside a human embryo remains frozen, awaiting its opportunity to be born as a child to its parents”