Thursday, June 23, 2022

Right of frozen embryo to be born cannot be stultified by Assisted Reproductive Technology Act: Kerala High Court

The Kerala High Court on 22/06/2022 held that the right of an embryo to develop into a foetus and then be born cannot be stultified by relying on the provisions of the Assisted Reproductive Technology (Regulation) Act, 2021 (the Act).
"Apart from the aspirations of the first petitioner (mother) to conceive and the second petitioner (father) , to beget a child, the right of the life inside the embryo, which is kept frozen for the past 8 years, to develop into a fetus and be born, cannot be stultified by relying on a provision which has no application. The primary objective of the Act is the regulation and supervision of the assisted reproductive technology clinics and banks, by preventing misuse and ensuring the safe and ethical practice of assisted reproductive technology services. The Act is not intended to create difficulties for persons opting for the assisted reproductive procedure."
"Life inside a human embryo remains frozen, awaiting its opportunity to be born as a child to its parents; the petitioners. Meanwhile, the State brings out well-meaning legislation viz, the Assisted Reproductive Technology (Regulation) Act, 2021. Will the new enactment have an impact on the Assisted Reproductive procedure, which the petitioners now want to continue, is the question."

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