Delhi High Court Upholds Gamete Preservation Rule Amidst Controversy

The Delhi High Court declined a plea against a rule mandating the preservation of unused gametes or embryos for the original recipient only. The petitioner argued this leads to wastage of viable material that could aid others facing infertility. The court stated it cannot interfere with state policy, prompting the petitioner to withdraw the plea.

The Delhi High Court on Monday refused to entertain a plea challenging a rule mandating that all unused gametes or embryos be preserved by the Assisted Reproductive Technology (ART) clinic exclusively for the original recipient and cannot be used for any other couple or individual.

The petitioner argued that this enforced preservation could lead to unnecessary destruction of viable biological material, which could otherwise benefit other couples or individuals facing infertility issues. A bench of Chief Justice-designate Manmohan and Justice Tushar Rao Gedela stated the matter was a policy of the State and beyond the court's purview.

The court emphasized, "We cannot decide the policy of the state; it is decided by the elected representative. We cannot allow it." Following this, the petitioner Dr. Aniruddha Narayan Malpani chose to withdraw the plea, reserving the right to file a representation with the Central Government.

(With inputs from agencies.)