The record
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- The Madras High Court granted permission for a woman older than 50 to receive IVF treatment in Chennai.
- The court ruled that the age restrictions in the Assisted Reproductive Technology Act of 2021 are primarily based on Indian life expectancy and intended for children to be raised in India.
- The petitioners are Sri Lankan nationals residing in the UK who had initiated their treatment and frozen embryos long before the 2021 legislation.
- They missed the age limit due to a minor delay in arriving in India despite having secured a medical visa in time.
- The ruling allows the couple to continue their treatment at a clinic of their choice using an oocyte donor.
Who said what1
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D. Bharatha Chakravarthy
Judge
1 quote · 1 outlet
“This unfortunate human error gives rise to an extraordinary circumstance”
In the article
…years of age. He also underlined that the first petitioner had obtained Indian medical visa when she was well within the prescribed age limit but unwittingly landed in Chennai 18 days after completing 50 years of age. “ This unfortunate human error gives rise to an extraordinary circumstance ” where the court could declare that the 50 years upper age limit need not be applied to the first petitioner, the judge wrote and ordered that the couple would be entitled to continue the IVF treatment at any clinic of…
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Named India · G.G. Hospital · D. Bharatha Chakravarthy · Madras High Court · Shabnam Banu
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