Mumbai couple moves HC to break surrogacy logjam

Abstract

A couple undergoing fertility treatment has petitioned Bombay high court to permit them to complete their surrogacy procedure that they had begun before the new Assisted Reproductive Technology (ART) Act and Surrogacy Act were brought in.

The couple said their dream of becoming parents is stuck due to a “legislative logjam” and the government’s failure to set up a national board or registry under the new laws. They plan to seek urgent hearing this week to direct a hospital to release their cryopreserved embryos for transfer to an ART clinic in Mumbai. 

The new laws, introduced in January to prevent sale of and profiteering from embryos, require approval of a regulatory authority for surrogacy. ART Act allows transfer of own embryos and gametes for personal use. Since regulatory bodies are still to be constituted during the transitional period, clinics and banks can transfer embryos without waiting for the constitution of the board, said the petition.[Read More]