Legal News

By - Kshitij Srivastava

"Assisted Reproductive Technology Act Doesn't Apply": Kerala High Court Approves Development of Embryo Kept Frozen by Couple for 8 Years

The Assisted Reproductive Technology (Regulation) Act of 2021 cannot be used as justification to deny a frozen embryo its right to grow into a foetus and subsequently give birth, the Kerala High Court declared on Wednesday.

According to Justice V.G. Arun, the Act's primary goal was to avoid the misuse of assisted reproductive technologies rather than to obstruct prospective parents.

The court issued the following instructions in an interim order:

(i) Starting on September 2, 2014, the petitioners must pay the 7th respondent hospital the sums owed for keeping the embryos.

(ii) The 7th respondent shall immediately facilitate transfer of the embryos to the hospital of the 8th respondent upon such payment being made and a copy of this order being submitted.

(iii) The eighth respondent is required to gather the embryos, transmit them to its bank for assisted reproductive technology, and maintain them properly.

(iv) The eighth respondent must submit an affidavit to this Court within five days stating that it possesses all the facilities required by the Act.