Madras High Court allows foreign national aged above 50 to undergo IVF treatment

The Madras High Court has permitted a foreign national, who had crossed the age of 50, to undergo In Vitro Fertilization (IVF) treatment in Chennai after observing that the Parliament had fixed the upper age limit under the Assisted Reproductive Technology (Regulation) Act of 2021 only by taking into consideration the life expectancy in India and not in other countries.

Justice D. Bharatha Chakravarthy said, though the 2021 Act would apply to foreign nationals too, it must also be borne in mind that the Parliament had fixed the upper age limit of 50 for women and 55 for their husbands on the basis of life expectancy in the country, the conditions of life here and and also to ensure the welfare of the minor children to be born and brought up in India.