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Notification that bars the usage of donor gametes, violative of the right to parenthood: Delhi HC

Last Updated on October 25, 2023 by News Desk

It has been observed by the Delhi High Court that the notification that has been issued by the Ministry of Health of the center, whereby it barred the usage of the donor gametes by an intending couple who wants to undergo surrogacy, was violative of the basic rights of parenthood of the infertile couple, as on the face of it.

The court said that through this they are been denied access to legally and medically regulated procedures and services.

Interim relief was granted by the court to the intending couple who had challenged the notification, as after its issuance their process of surrogacy was stalled.

The court said that the notification cannot be applied retrospectively and only prospectively.

The couple had cryogenically preserved the fertilized embryo for surrogacy use, which makes them entitled to the right to parenthood through surrogacy.

The same cannot be taken away through the retrospective application of the amendment introduced through the notification as the embryo was generated prior to the notification.

The court also stressed the harmonization of the Surrogacy Act as well as the Assisted Reproductive Technologies Act, so that any conflict that has arisen between the law as well as medical sciences are resolved.

Case Title:- DR RAVIKANT CHAUHAN & ANR. v. UNION OF INDIA & ORS. & Other Connected Matter

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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