Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit
3 months, 3 weeks ago

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit

Live Law  

The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the. The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology Rules, 2022. Justice Amrita Sinha held: In the instant case, the woman falls within the prescribed age limit but the man is over aged. Advocate representing the State respondents relied upon the instruction forwarded by the Special Secretary and Chairperson, SAA under ART and Surrogacy Act, Department of Health and Family Welfare mentioning that Section 21 stands as a bar for providing service under the Act to a man above the age of 55 years.

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History of this topic

HC allows woman with overaged husband to undergo ART procedure
3 weeks, 3 days ago

HC allows woman with overaged husband to undergo ART procedure

The Hindu  

The Kerala High Court on Monday allowed a woman whose husband’s age is over the statutory age limit of 55 to undergo an IVF procedure. The court passed the order when a writ petition filed by the woman challenging the refusal of the hospital authority to permit her to undergo the procedure as her husband has crossed 55, the age …

Couple, denied IVF by clinic for crossing age bar, gets court's nod for process
3 months, 3 weeks ago

Couple, denied IVF by clinic for crossing age bar, gets court's nod for process

India Today  

The Calcutta High Court has allowed a Kolkata-based couple to conceive a child through in-vitro fertilisation, overriding the prescribed age limit for such procedures. The decision was delivered by Justice Amrita Sinha after the couple approached the High Court after being denied permission from the state department. In her ruling, Justice Sinha directed the fertility clinic to provide all necessary …

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit
3 months, 3 weeks ago

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit

Live Law  

The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the. The Calcutta …

Law Doesn't Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC
10 months, 3 weeks ago

Law Doesn't Discriminate Between Individual Women, Couples Seeking IVF; No Requirement For Sperm/Oocyte To Come From Couple Themselves: Calcutta HC

Live Law  

The Calcutta High Court has recently held that in cases of in-vitrio fertilisation, it is not mandatory that either the sperm or the oocyte must come from the couple seeking IVF themselves.A single bench of Justice Sabyasachi Bhattacharya perused the rules under the Assisted Reproductive Technology Act, 2021 and allowed a plea by a husband who along with his wife. …

Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act
1 year, 11 months ago

Another couple moves Madras High Court challenging upper age limit fixed under Assisted Reproductive Technology Act

The Hindu  

One more couple moved the Madras High Court on Wednesday, challenging the Constitutional validity of Section 21 of the Assisted Reproductive Technology Act of 2021 which states that only women between 21 and 50 years of age and men between 21 and 55 years of age can avail of assisted reproductive technology services. A First Division Bench of Acting Chief …

Couple moves HC questioning upper age limit prescribed by law for availing Assisted Reproductive Technology services
1 year, 11 months ago

Couple moves HC questioning upper age limit prescribed by law for availing Assisted Reproductive Technology services

The Hindu  

A newly married middle aged couple moved the Madras High Court challenging the constitutional validity of Section 21 of the Assisted Reproductive Technology Act of 2021 which states that only women between 21 and 50 years of age and men between 21 and 55 years of age could avail such services. Acting Chief Justice T. Raja and Justice D. Bharatha …

Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo
1 year, 11 months ago

Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo

Live Law  

The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF, citing the age bar for couples under Section 21 of the Assisted Reproductive Technology Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The Calcutta High Court on …

Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court
2 years, 2 months ago

Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court

Live Law  

The Kerala High Court recently observed that the imposition of age restriction under the Assisted Reproductive Technology Act, 2021 without a transitional provision, is irrational and arbitrary. The Court has also directed the National Assisted Reproductive Technology and Surrogacy Board to alert the Central Government about the need for a re-look at the upper age limit prescribed in Section 21 …

Kerala High Court Appoints Amicus Curiae In Petitions Challenging Age Limit Under Assisted Reproductive Technology Act
2 years, 4 months ago

Kerala High Court Appoints Amicus Curiae In Petitions Challenging Age Limit Under Assisted Reproductive Technology Act

Live Law  

The Kerala High Court on Monday appointed an amicus curiae to assist the court in a batch of petitions challenging the upper age limit under the Assisted Reproductive Technology Act 2021. By virtue of Section 21 of the ART Act, the maximum age for men has been prescribed as 55 years, and the age limit prescribed for women is 50 …

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act
2 years, 5 months ago

Kerala High Court Allows Senior Citizen To Seek Sperm Freezing In Plea Challenging Age-Limit Under Assisted Reproductive Technology Act

Live Law  

In a notable order, the Kerala High Court recently allowed a senior citizen aged 61 years to seek cycro-preservation of his sperm, considering the fact that he was suffering from a rare cardiac condition.A single bench of Justice VG Arun granted this interim relief while considering a writ petition filed by the man and his 39 year old wife challenging …

Madras HC issues clarificatory order on holding pre-marital sex as valid wedding – India TV
11 years, 9 months ago

Madras HC issues clarificatory order on holding pre-marital sex as valid wedding – India TV

India TV News  

Chennai, Jun 20 : The Madras High Court on Wednesday took strong objection to criticism of its verdict holding sexual relations between a woman and man of marriageable age, prior to tying the knot, as "a valid wedding" and stoutly defended the order saying it "protected Indian culture and welfare of women." Two days after he delivered the judgement, which …

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