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Lifer couple seeks parole for IVF, SC asks Raj govt to consider plea

A bench of Justices Surya Kant and JK Maheshwari passed the order on a plea filed by the couple against the verdict of the Rajasthan High Court last May which had dismissed their petition for emergent parole for having in vitro fertilisation (IVF) treatment.

Lifer couple seeks parole for IVF, SC asks Raj govt to consider plea
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Supreme Court

NEW DELHI: The Supreme Court asked the authorities in Rajasthan to “sympathetically” consider the request for parole by a couple, both lifers, to undergo treatment to conceive. They had gotten married while on parole earlier.

A bench of Justices Surya Kant and JK Maheshwari passed the order on a plea filed by the couple against the verdict of the Rajasthan High Court last May which had dismissed their petition for emergent parole for having in vitro fertilisation (IVF) treatment.

The apex court observed that the issue for its consideration was whether they were entitled to parole, as the 45-year-old woman required treatment to conceive. If the petitioners applied for transfer from the open-air camp in Jaipur to Udaipur to undergo the treatment, “the authorities are directed to consider the request sympathetically and as per their policy, and grant parole if there is no legal impediment”, it said, adding that a decision should be taken within two weeks.

The High Court had noted the woman has two children from the previous marriage and that they got married while on parole, and said emergent paroles could be granted only in emergencies involving humanitarian consideration.

Having a child through IVF when the woman already has two children could not be considered as an emergent case, the court had said while dismissing their plea.

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