Muthamizh Vithagi v. Union of India

ORDER Seeking direction to the respondents 2, 5 and 6 to grant permission to the petitioner and her husband to continue with the IVF treatment thereby enabling them to get their valuable right to get a child through the Assisted Reproductive Technology Services, this writ petition is filed.

2.Considering the limited scope, this writ petition is disposed of at the admission stage itself.

3.The learned counsel for the petitioner submitted that the petitioner's husband has crossed the age of 50 years. In view of the same, there is an impediment for continuing the IVF treatment. However, a similar matter has been considered by the Madurai Bench of this Court in W.P.(MD).No.17017 of 2025 and by order dated 09.07.2025, the Madurai Bench of this Court has permitted the petitioner therein to continue IVF treatment at their own risk. In view of the aforesaid judgment, the petitioner and her husband are permitted to undergo IVF treatment at their own risk.

4.Considering the limited relief sought for by the petitioner, the respondents are directed to carry out IVF treatment to the petitioner and her husband as per the order passed in W.P.(MD).No.17017 of 2025 dated

09.07.2025, at the own risk of the petitioner and her husband, promptly and as expeditiously as possible.

5.In the result, this Writ Petition is disposed of. No costs. 13-05-2026 (2/2) krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.Union of India Department of Health and Family Welfare Nirman Bhawan New Delhi.

2.State Rep. By The Secretary to the Government of Tamil Nadu Rep. through the Assisted Reproductive Technology and Surogacy Authority, health and family welfare Department, Secretariat, st. george fort Chennai 600009.

3.The Director Directorate of Medical and Rural Health Services No.359 DMS Complex 361 Anna Salai Chennai.

4.The Joint Director Of Health Service District Medical Board No.359 DMS Complex 361 Anna Salai Chennai.

5.The Joint Director District Medical Board Collector Office New Buildings Veeracholapuram Kallakurichi Kallakurichi District.

6.The Joint Director District Medical Board Government Medical College and Hospital Kallakurichi Kallakurichi District. WPeNo.e19467eofe2026 L.VICTORIAoGOWRIoJ. krk WPoNo.o19467oofo2026 o 13-05-2026 (2/2)ooooo 5e/e5

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Muthamizh vithagi W/o.Sundararajan No.50/7 C.TVK Nagar Chinna Salem Kallakurichi District 606201. Petitioner(s) Vs 1.Union of India, Department of Health and Family Welfare Nirman Bhawan New Delhi. 2.State rep. By, The Secretary to the Government of Tamil Nadu, Rep. Through the Assisted Reproductive Technology and Surogacy Authority, health and Family Welfare Department, Secretariat, St.George Fort, Chennai – 600 009. 3.The Director, Directorate of Medical and Rural Health Services, No.359, DMS Complex, 361, Anna Salai, Chennai. 4.The Joint Director of Health Service, District Medical Board, No.359, DMS Complex, 361, Anna Salai, Chennai. 5.The Joint Director, District Medical Board, Collector Office New Bulidings, Veeracholapuram, Kallakurichi, Kallakurichi District. 6.The Joint Director, District Medical Board, Government Medical College & Hospital, Kallakurichi, Kallakurichi District. Respondent(s) PRAYER Directing the respondents 2, 5 and 6 to grant permission to the petitioner and her husband to continue with the IVF treatment thereby enabling them to get their valuable right to get a child through the Assisted Reproductive Technology Services and pass orders. For Petitioner(s): C.S.Saravanan For Respondent(s): Mr.K.K.Muralitharan Central Government Standing Counsel for R1 Mr.S.J.Mohamed Sathik Government Advocate for RR 2 to 6