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.
The Bombay High Court has ordered a fertility centre to preserve the semen of a deceased 21-year-old to assist his mother in continuing the family lineage. Despite his consent to discard it after death, legal and ethical issues under the Assisted Reproductive Technology Act are being examined. A hearing is scheduled for July 30.
Justice B.V. Nagarathna expressed concerns that delimitation based on population could diminish parliamentary representation for southern states, which are experiencing declining family sizes. During a hearing on surrogacy, she questioned the necessity for couples seeking to expand their families after natural conception, emphasizing personal choice and suggesting High Court alternatives.
The Calcutta High Court permitted an elderly couple to undergo IVF, disregarding typical age limits for assisted reproductive technology. The couple, married for 30 years and seeking parenthood, argued their financial stability and readiness made them suitable candidates. This ruling sets a notable precedent for older individuals seeking IVF in India.
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 […]
