Delhi HC seeks response from govt on rules governing frozen embryo donation

The Delhi High Court recently issued notice on a public interest litigation questioning whether the existing law can compel the destruction of viable frozen embryos instead of allowing their donation, even when both donating and recipient couples give informed consent.

The petition challenges what it calls a sweeping ban on altruistic, voluntary and consent-based embryo donation under the Assisted Reproductive Technology (Regulation) Act, 2021 and its accompanying Rules.

While the law allows embryos to be created using donor sperm and donor eggs, it does not permit unused frozen embryos to be donated to other infertile couples for reproductive purposes. Under the current framework, such embryos may be stored for up to ten years, after which they must either be allowed to perish or be used for research, Indian Express reported.

The plea argues that mandating the destruction of viable embryos is irrational and ethically inconsistent, especially when there are willing recipient couples. It contends that the law’s approach results in the unnecessary loss of embryos despite the possibility of helping infertile couples through consensual donation.

During the hearing, a Division Bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia noted that the petitioner was effectively seeking a broader interpretation of Section 28 of the ART Act, which deals with the storage and management of embryos, and accordingly sought a response from the Union government.

Filed by IVF specialist Dr Aniruddha Narayan Malpani, the petition also raises concerns about inconsistency in the law, pointing out that while certain forms of non-genetic parenthood are permitted, others are barred. Appearing for the petitioner, advocate Maneka Guruswamy argued that the selective allowance of some technologies while prohibiting others suggests a legislative gap oroversight.