HC allows 49-yr-old woman to undergo fertility procedure
Hyderabad: Justice K Sujana of the Telangana High Court has directed the National Assisted Reproductive Technology and Surrogacy Board, along with other authorities, to immediately permit a 49-year-old woman to undergo follicle retrieval and storage as part of her fertility treatment, despite restrictions imposed by the Assisted Reproductive Technology (Regulation) Act, 2021.
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Follicle retrieval involves extracting eggs from a woman's ovaries, which can later be used in in-vitro fertilisation (IVF) or other fertility procedures.
The interim order was issued while hearing a writ petition filed by Voleti Sri Lakshmi, who challenged the authorities' refusal to allow her treatment. Officials had cited section 21(g) of the Act, which prohibits assisted reproductive procedures for women aged 50 and above.
With her 50th birthday just two days away, the petitioner approached the court on an urgent basis.
Lakshmi argued that the authorities' inaction—including their failure to respond to her representation for over a month—was arbitrary, illegal, and in violation of her fundamental right to reproductive autonomy under Article 21 of the Constitution.
Taking a serious view of the delay, Justice Sujana criticised the officials for not acting in a time-sensitive matter, especially when the petitioner was still legally eligible.
The judge held that denying her access to timely treatment was unjust and unsustainable.
Accordingly, the court directed the authorities to proceed with the follicle retrieval and storage without applying the age bar under section 21(g), thereby preserving the petitioner's reproductive options before she crosses the statutory threshold. The case will next be heard on June 16.
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