Kerala High Court refuses ART treatment to couple exceeding age limit, declines to follow Punjab & Haryana HC precedent

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made

Published 1 November 2026

Case: Unnamed Couple v. State of Kerala
Court: High Court of Kerala
Source: Verdictum

Bottom Line Up Front (BLUF)

The Kerala High Court refused to permit a couple who had crossed the age limit to undergo Assisted Reproductive Technology (ART) treatment. The Court declined to grant relief based on an undertaking, distinguishing its position from a judgment of the Punjab & Haryana High Court that had granted similar relief.

Ratio Decidendi · Legal Principle Established

The Kerala High Court held that it would not permit ART treatment for couples exceeding the prescribed age limits, even upon an undertaking, and declined to follow a contrary precedent from another High Court.

Practice & Procedural Impact for Advocates

Advocates should advise clients in Kerala that the High Court is unlikely to grant exceptions to ART age limits. Litigants seeking ART treatment must strictly adhere to the age criteria specified in the relevant regulations.

Key Legal Takeaways

1Kerala High Court maintains strict adherence to ART age limits.
2Undertakings are insufficient to bypass statutory age restrictions for ART in Kerala.
3The Court distinguished its stance from the Punjab & Haryana High Court on this issue.

The Legal Issue This case involved a couple seeking permission from the Kerala High Court to undergo Assisted Reproductive Technology (ART) treatment despite having crossed the age limits prescribed for such procedures. The petitioners sought to obtain relief by providing an undertaking to the court.

Court's Reasoning The Kerala High Court considered the plea but ultimately refused to grant the requested permission. The Court specifically declined to follow a judgment from the Punjab & Haryana High Court, which had granted similar relief in a comparable situation. The Kerala High Court's decision indicates a strict interpretation of the age criteria for ART treatment, suggesting that an undertaking alone is not sufficient to override these statutory or regulatory requirements.

What Follows The couple's request for ART treatment was denied by the Kerala High Court. This means that, within the jurisdiction of the Kerala High Court, couples exceeding the prescribed age limits for ART treatment will likely not be permitted to undergo such procedures, even if they offer an undertaking.