HC rejects plea on embryo adoption

New Delhi: Delhi High Court on Monday declined to entertain a plea challenging a rule that bars the adoption of unused gametes or embryos. The law mandates that all unused gametes or embryos be preserved by the assisted reproductive technology clinic exclusively for the original recipient and cannot be used for any other couple or woman.The high court was dealing with a plea that argued that the enforced preservation of unused gametes or embryos solely for the original recipient can lead to the unnecessary destruction of viable biological material, which could otherwise benefit other couples or individuals facing infertility issues. However, a bench of Chief Justice Manmohan and Justice Tushar Rao Gedela said that it is a policy of the state and the court cannot interfere with it.The bench allowed the petitioner, Dr Aniruddha Narayan Malpani, to withdraw the plea with liberty to file a representation with central govt in the matter. The petitioner challenged Section 24 of Assisted Reproductive Technology (Regulation) Act, 2021, read with Rule 13(1)(a) of Assisted Reproductive Technologies (Regulation) Rules, 2022. He claimed that the rule was arbitrary and violative of the fundamental rights. He added that this provision fails to consider that in many cases, the recipient for whom the gametes or embryos are preserved may no longer require them due to successful conception, change in personal circumstances, or other medical reasons."Embryo adoption allows embryos to be donated by one couple to another for implantation... This practice provides an innovative alternative to traditional adoption, particularly in jurisdictions where legal and procedural hurdles make adoption a time-consuming and cumbersome process," the petition contended."Allowing embryo adoption, in a regulated manner, could address the significant demand for adoption while simultaneously reducing the burden on fertility clinics to store unused embryos indefinitely," it said.