Couple moves Bombay High Court over frozen embryo after changes in law

Edited By: Rustam Roy
Mumbai Updated: May 18, 2022, 11:32 PM(IST)

On January 25 India passed the the new Surrogacy Act Photograph:( AFP )

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The application said the procedure had started before the act had come into force and so the embryos should be transferred to the new facility where the procedure would take place.

A couple in Mumbai has petitioned the Bombay High Court to allow them to complete the surrogacy procedure which had begun before the new Assisted Reproductive Technology (ART) Act and Surrogacy Act came into effect.

The new laws were brought in earlier this year in January to prevent the sale of embryos. The couple said both their children had died and the woman was told by doctors that she wouldn't be able to naturally bear children.

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In October last year, they began the surrogacy procedure and in December the embryos were ready for implantation, however, on January 25 the new Surrogacy Act came into effect as the doctor from the hospital said it would no longer be able to carry out the procedure and the transfer of embryos also could not take place.

The couple approached an IVF fertility centre which agreed to carry out the surrogacy procedure, however, the hospital which had the embryos in its possession was allegedly not cooperating so the couple knocked on the door of the Bombay High Court to find a way out.

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The application said the procedure had started before the act had come into force and so the embryos should be transferred to the new facility where the procedure would take place.

The High Court bench has directed P D Hinduja hospital to respond to the petition. 

(With inputs from Agencies)

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