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Delhi HC Seeks Govt Stance on Embryo Adoption Ban
29 Jan
Summary
- Delhi High Court is reviewing a law banning embryo adoption.
- The ban reportedly creates unequal treatment for infertile couples.
- A hearing is scheduled for April 17 for the Centre's response.
The Delhi High Court has issued a notice in a petition challenging the Assisted Reproductive Technology Act, which enforces a blanket ban on embryo adoption in India. Embryo adoption involves donating a cryopreserved embryo created via IVF to another couple for gestation.
The current law, including specific sections and rules, prohibits the voluntary and consent-based donation of pre-existing frozen embryos. A petition filed by IVF specialist Dr. Aniruddha Narayan Malpani argues this ban leads to unequal treatment for infertile couples, particularly when compared to those accessing double donor IVF.
The petition contends that the prohibition creates an arbitrary distinction between embryos donated voluntarily and those created for double donor IVF. This, it asserts, violates fundamental rights to equality, privacy, dignity, and reproductive autonomy. The court is awaiting the Centre's response and has scheduled April 17 for the next hearing.
