Politics · India Bureau
Madras High Court permits IVF treatment for foreigners over 50
A Madras High Court bench has ruled that foreign nationals aged above 50 can undergo assisted reproductive technology treatment in India. The court noted that age restrictions under India's ART regulations are based on domestic life expectancy considerations.
LSN India ·
Justice D. Bharatha Chakravarthy of the Madras High Court has cleared the way for foreign nationals exceeding 50 years of age to access in-vitro fertilization and other assisted reproductive technology treatments in India.
The judgment addressed the applicability of age restrictions imposed under the Assisted Reproductive Technology (Regulation) Act, 2021, which establishes upper age limits for fertility treatment seekers. The court's reasoning focused on the legislative intent behind these provisions, which were calibrated specifically around life expectancy data within India.
Justice Chakravarthy observed that Parliament had established the age ceiling after taking into account Indian life expectancy figures and domestic demographic considerations, rather than global health metrics or international standards. This distinction proved critical to the court's interpretation regarding foreign nationals seeking treatment within Indian medical facilities.
The ruling effectively widens access to assisted reproductive technology procedures for international patients, positioning India's medical sector as an increasingly accessible destination for fertility treatment regardless of age, provided individuals meet other regulatory requirements. The judgment aligns with India's growing prominence in medical tourism and fertility services.
The decision is expected to have implications for fertility clinics across India that treat foreign patients, offering greater clarity on age-based eligibility criteria for assisted reproductive procedures.