Delhi HC refuses plea against rule on preservation of embryos solely for original recipient

The Delhi High Court on Monday refused to entertain a plea challenging a rule mandating that all unused gametes or embryos be preserved by the Assisted Reproductive Technology (ART) clinic exclusively for the original recipient and cannot be used for any other couple or woman.

The petitioner submitted that the enforced preservation of unused gametes or embryos solely for the original recipient can lead to unnecessary destruction of viable biological material, which could otherwise benefit other couples or individuals facing infertility issues.

A bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela said it is a policy of the State and the court cannot interfere with it.

“We cannot decide the policy of the state. It is decided by the elected representative. We cannot allow it,” the bench said.

This prompted the petitioner Dr Aniruddha Narayan Malpani to withdraw the plea with a liberty to file a representation with the Central government in the matter.

Dr Malpani challenged Section 24 of the Assisted Reproductive Technology (Regulation) Act, 2021, read with Rule 13(1)(a) of the Assisted Reproductive Technologies (Regulation) Rules, 2022.

He said that the rule was arbitrary, unreasonable, excessive and violative of the fundamental rights enshrined under the Constitution, particularly infringing upon the reproductive rights and choices of couples.

He added that this provision imposes an arbitrary restriction, ignoring the realities of reproductive healthcare and modern medical advancements.

It fails to consider that in many cases, the recipient for whom the gametes or embryos are preserved may no longer require them due to successful conception, change in personal circumstances or other medical reasons, the plea said.

“Embryo adoption allows embryos to be donated by one couple to another for implantation, a process that begins the adoption from the moment of conception and fosters a deep connection between the adoptive parents and the child. This practice provides an innovative alternative to traditional adoption, particularly in jurisdictions where legal and procedural hurdles make adoption a time-consuming and cumbersome process,” the petition read.

“Allowing embryo adoption, in a regulated manner, could address the significant demand for adoption while simultaneously reducing the burden on fertility clinics to store unused embryos indefinitely,” it said.

“The petition highlights that the impugned rule fails to recognise the growing acceptance of embryo or in-utero adoption internationally. Embryo adoption allows embryos to be donated by one couple to another for implantation, a process that begins the adoption from the moment of conception and fosters a deep connection between the adoptive parents and the child,” it said.