Delhi High Court Scrutinizes Ban on Embryo Adoption Under ART Act

The Delhi High Court has directed the government to respond to a PIL challenging the ban on adopting pre-existing frozen embryos under the Assisted Reproductive Technology (Regulation) Act, 2021. The PIL, filed by IVF specialist Dr. Aniruddha Malpani, questions the fairness and constitutionality of this regulation.

The Delhi High Court has instructed the Centre, the Health Ministry, and the National Assisted Reproductive Technology and Surrogacy Board to address concerns raised in a Public Interest Litigation (PIL) against the prohibition on adopting pre-existing frozen embryos, as dictated by the Assisted Reproductive Technology (Regulation) Act, 2021. The Division Bench, comprising Justices Devendra Kumar Upadhyaya and Tejas Karia, has requested a response from the Union government within six weeks, with further hearings set for April 27. Representing the petitioner was Senior Advocate Menaka Guruswamy, with the PIL submitted by advocate Mohini Priya.

The legal challenge comes from IVF expert Dr. Aniruddha Narayan Malpani, contesting specific sections of the ART Act, 2021 that prevent infertile couples from voluntarily and consensually donating frozen embryos to each other. The petition criticizes this absolute prohibition, contrasting it with the law's allowance of double-donor IVF, where no genetic link exists with the child. It argues that the distinction between the two practices lacks logical grounding and infringes upon the constitutional right to equality under Article 14.

In his plea, Dr. Malpani also appeals to Article 21, maintaining that reproductive choices are integral to one's right to life, dignity, and personal freedom. He asserts that unjustly restricting legally and ethically overseen reproductive methods, absent strong public interest arguments, violates reproductive rights. The plea underscores that while the ART Act and the Surrogacy (Regulation) Act aim to safeguard against reproductive exploitation, embryo adoption operates independently of such concerns, allowing women to carry pregnancies with full legal and parenthood responsibilities. (ANI)

(With inputs from agencies.)