Couple moves HC for relief to break surrogacy ‘logjam'

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

- Swati.Deshpande

They plan to seek an urgent hearing this week to direct a hospital to release their cryopreserved embryos for transfer to an ART clinic in Mumbai.

The couple says their dream of becoming parents is stuck due to a "legislative logjam" and government failure to set up a national board or registry under the new laws.

The new laws introduced in January to prevent the sale of and profiteering from embryos require the approval of a regulatory authority for surrogacy.

ART Act allows the 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.

The implantation was scheduled for early February.

The ART clinic, said the petition, is willing to accept them and will proceed in accordance with the prevailing law.