GG News Bureau
New Delhi, 24th Sept. The Delhi High Court on Monday refused to entertain a plea challenging the rule that mandates Assisted Reproductive Technology (ART) clinics to preserve unused gametes or embryos exclusively for the original recipient, prohibiting their use for any other couple or individual.
The petitioner, Dr. Aniruddha Narayan Malpani, argued that this policy could lead to the unnecessary destruction of viable biological material, which could otherwise help other couples or individuals dealing with infertility. Dr. Malpani challenged Section 24 of the Assisted Reproductive Technology (Regulation) Act, 2021, and Rule 13(1)(a) of the ART (Regulation) Rules, 2022, deeming the provision arbitrary and violative of constitutional reproductive rights.
A bench comprising Chief Justice-designate Manmohan and Justice Tushar Rao Gedela dismissed the plea, stating that it is a state policy and not within the court’s jurisdiction to modify or interfere with. “We cannot decide the policy of the state. It is decided by the elected representative. We cannot allow it,” the bench remarked.
Following the court’s decision, Dr. Malpani withdrew the petition, retaining the liberty to present a representation before the Central government.
The petition highlighted that the enforced preservation rule ignores the realities of reproductive healthcare advancements and does not account for cases where recipients no longer require the gametes or embryos due to successful conception or changed circumstances. The plea also advocated for regulated embryo adoption, which could offer an alternative solution by allowing unused embryos to benefit other couples while easing storage burdens on fertility clinics.
Dr. Malpani stressed that regulated embryo adoption is gaining acceptance internationally and could provide a viable path for couples facing hurdles in traditional adoption processes.
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