A 28-year-old transgender man approached the Kerala High Court after a private hospital refused to preserve his eggs. Assigned female at birth, he now identifies as male and wishes to preserve his reproductive options before undergoing hormone therapy. The case raises crucial questions about reproductive rights for transgender individuals. The court’s decision could set an important precedent for gender-affirming healthcare in India.
A transgender individual approached the Kerala High Court after a private hospital denied him the right to freeze and store his eggs, citing his gender identity.
The petitioner, Hari Devageeth, a 28-year-old transgender man assigned female at birth, has undergone breast removal surgery but has not yet completed sex reassignment surgery.
In his petition, Devageeth emphasized the importance of preserving his eggs before advancing further in his transition to secure his reproductive options for the future. He sought assistance from KIMS Hospital in Thiruvananthapuram, but despite a medical report indicating no abnormalities, the hospital allegedly refused to provide the service solely based on his gender identity.
Justice C.S. Dias issued a notice to KIMS Hospital, requesting a response. The petitioner argued that transgender men are biologically capable of conception, and denying access to egg cryopreservation infringes upon their reproductive autonomy.
The petition stated,
“The denial of cryopreservation services to the petitioner results in the denial of his reproductive choices, violating his right to reproduction under Article 21 of the Constitution of India,”
Devageeth stressed that this denial represents a violation of his fundamental rights under Article 21, which guarantees the right to life, personal liberty, and reproductive rights. He noted that there are no legal restrictions against fertilization procedures for transgender individuals and asserted that limiting access to such medical services contravenes his right to healthcare and the provisions of the Transgender Persons (Protection of Rights) Act, 2019.
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He also pointed out that the Transgender Persons (Protection of Rights) Rules, 2020, explicitly prohibit discrimination in medical services based on gender identity.
Additionally, he referenced Kerala’s 2015 Transgender Policy, which calls for equitable healthcare access for transgender individuals.
In response to the petition, the Court issued notices to the private hospital, the State Government, the Director of the Social Justice Department, the Union Government, and the National Assisted Reproductive Technology (ART) and Surrogacy Board.
The case is scheduled for a hearing on February 18.
Advocates A.K. Preetha, C. Anil Kumar, Devika Mohan, and Reshma R. Krishnan represented Hari Devageeth in this matter.