Delhi HC rejects plea seeking nod for third parties to adopt unused embryos with donor’s consent

Delhi High Court refuses plea for third-party embryo adoption, citing state policy; petitioner withdraws with liberty to file representation.

The Delhi High Court on Monday (September 23, 2024) refused to hear a plea that sought permission for third parties to adopt unused embryos with the donor’s consent.

The petition challenged a rule under the Assisted Reproductive Technology (ART) Act, which requires that unused embryos be preserved exclusively for the original recipient and not made available for others.

A Bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela said it was a policy of the state and the court could not 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.

The petitioner Dr. Aniruddha Narayan Malpani withdrew the plea with a liberty to file a representation with the Central government in the matter.

The petition 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.

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 the rule was particularly infringing upon the reproductive rights and choices of couples. This provision imposed an arbitrary restriction, ignoring the realities of reproductive healthcare and modern medical advancements.