The Delhi High Court on Monday declined to entertain a legal challenge against the regulation that mandates Assisted Reproductive Technology (ART) clinics to preserve unused gametes or embryos exclusively for the original recipients, prohibiting their use by any other couples or individuals.
The plea, brought forth by Dr. Aniruddha Narayan Malpani, contested the rule outlined in Section 24 of the Assisted Reproductive Technology (Regulation) Act, 2021, alongside Rule 13(1)(a) of the Assisted Reproductive Technologies (Regulation) Rules, 2022. Dr. Malpani argued that this regulation leads to the unnecessary destruction of viable biological material that could benefit others grappling with infertility issues.
Chief Justice-designate Manmohan and Justice Tushar Rao Gedela presided over the bench and emphasized the court’s position on state policies, stating, “We cannot decide the policy of the state. It is decided by the elected representative. We cannot allow it.”
Following the court’s response, Dr. Malpani opted to withdraw his plea, reserving the right to present his concerns directly to the Central government.
Dr. Malpani had criticized the rule as arbitrary, unreasonable, and a violation of fundamental rights under the Constitution, particularly infringing upon the reproductive rights and choices of couples. He highlighted that often, the original recipients might no longer need the preserved gametes or embryos due to successful conception, changes in personal circumstances, or other medical reasons, rendering the preservation redundant.
Furthermore, the petition pointed to the potential benefits of embryo adoption, which allows unused embryos to be donated by one couple to another for implantation—a process fostering a deep connection from conception between the child and adoptive parents. This practice, argued Dr. Malpani, not only provides an alternative to traditional adoption but also eases the burden on fertility clinics regarding the indefinite storage of unused embryos.
Dr. Malpani’s challenge also underscored the growing international acceptance of embryo or in-utero adoption, suggesting that allowing such practices in a regulated manner could address the significant demand for adoption while reducing logistical strains on fertility facilities.
