Kerala HC Permits Couple Aged Over 50 To Continue ART Treatment: Know About ART Act 2021, Late Pregnancy

A married couple aged over 50 years filed a petition in the Kerala High Court challenging the upper age limit of the ART Act, 2021. The court granted them interim relief.

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Written By: Longjam Dineshwori | Updated : November 23, 2022 3:48 PM IST

A married couple, who was struggling with fertility issues, was prevented from continuing their treatment with assisted reproductive technology (ART) in Kerala as they were over 50 years. Under the Reproductive Technology (Regulation) Act 2021, the upper age limit for such fertility treatment is 55 years for men and 50 years for women.

The couple filed a petition in the Kerala High Court challenging the upper age limit of the ART Act. They argued that it violates their reproductive choice as citizens, which is a fundamental right. Taking note of the situation that the couple had gone through, the court granted them permission to continue ART treatment at the hospital of their choice.

As per a new agency report, the couple had been trying to conceive for quite a long time. ART treatment helped the woman conceived twice. However, they lost their first child to pneumonia (the child died at the age of six), and she had to abort the second pregnancy as it turned out to be a tubular pregnancy.

Assisted Reproductive Technology (Regulation) Act (ART Act), 2021

Both the Assisted Reproductive Technology (Regulation) Act 2021 and the Surrogacy (Regulation) Act 2021 came into effect on January 25, 2022. The ART Act aims to regulate the ART industry, including ART clinics and banks, prevent misuse of assisted reproductive procedures and promote safe and ethical practice of ART services.

Under Section 21(g) of the ART Act 2021, the upper age limit for ART treatment is fixed at 55 years for men and 50 years for women.

Along with the couple's case, the Kerala High court posted a bunch of other petitions that challenge this particular section of the ART Act.

Be aware of the risks associated with late pregnancy

No pregnancy is without risks, but late pregnancy is associated with higher risk of complications, says Dr Ritu Hinduja, Fertility Consultant, Nova IVF Fertility, Mumbai.

According to her, women getting pregnant after age 35, which is known as advanced maternal age, have an increased risk for certain complications such as high blood pressure (Preeclampsia), gestational diabetes, miscarriage, genetic disorders (like Down syndrome), premature birth or low birth weight, Cesarean section (c-section), Stillbirth, etc.

Therefore, she noted that it is even more important for pregnant women aged over 35 to stay healthy and pay attention to their pregnancy symptoms. They also need to be monitored more closely by the healthcare providers.

Having said that, women aged over 35 can have healthy pregnancies and healthy babies, she added.