GG News Bureau
New Delhi, 23rd Sept. The Delhi High Court on Monday declined to entertain a plea challenging a regulation that requires all unused gametes or embryos to be preserved exclusively for the original recipient at Assisted Reproductive Technology (ART) clinics. The court asserted that this is a state policy and thus beyond its jurisdiction to interfere.
The petitioner, Dr. Aniruddha Narayan Malpani, argued that the enforced preservation of unused biological material could lead to unnecessary destruction, depriving other couples facing infertility of potential benefits. However, a bench comprising Chief Justice-designate Manmohan and Justice Tushar Rao Gedela maintained that policy decisions are reserved for elected representatives.
Following the court’s response, Dr. Malpani opted to withdraw the plea, retaining the option to present his concerns to the Central government. He had challenged Section 24 of the Assisted Reproductive Technology (Regulation) Act, 2021, alongside Rule 13(1)(a) of the related regulations, claiming the rule was arbitrary and violated fundamental reproductive rights.
Dr. Malpani highlighted that the existing provisions ignore advancements in reproductive healthcare and the realities that some recipients may no longer require preserved embryos due to successful conception or changes in personal circumstances. He advocated for “embryo adoption” as a viable alternative, which allows for embryos to be donated from one couple to another, fostering a connection from the moment of conception.
The petition emphasized that such practices could alleviate the burden on fertility clinics and meet the growing demand for adoption, while promoting a modern understanding of reproductive rights.
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