A hospital refused to release a deceased man’s cryopreserved embryos to his widow, citing the absence of the specific written consent the ART Act requires. The Kerala High Court held that the hospital’s own failure to use the prescribed consent form could not defeat the widow’s request, and that the husband’s choice to have the embryos actually used pointed to his intention that they not be wasted. It allowed her to proceed.
Today, On 23rd September, the Delhi High Court rejected a plea against a rule mandating that embryos be preserved only for the original recipient. The petitioner argued this could lead to the destruction of viable embryos. The court upheld the regulation, reinforcing adherence to ethical standards, prompting the petitioner to withdraw the plea.
India has made significant progress in reproductive health with the enactment of the Assisted Reproductive Technology (Regulation) Act, 2021. This law establishes ethical and legal guidelines for ART, including IVF, to address rising infertility rates. Section 21(g)(i) notably addresses age criteria for women seeking ART services. India has taken a huge step forward in the […]
