Bombay HC seeks PD Hinduja's reply over couple's embryo transfer plea
The petitioners' counsel P V Dinesh informed the court that while the couple's fertilised embryo had been preserved by the hospital for transfer to a surrogate, the new Act came into effect in January this year. And at present, there was no clear set legal procedure to even permit the transfer of embryos from one fertility facility to another.;
Mumbai: The Bombay High Court has directed P D Hinduja Hospital here to file a reply to a petition by a couple seeking permission to complete a surrogacy procedure they had initiated before the new Assisted Reproductive Technology and Surrogacy Act came into effect.
A vacation bench of Justices N W Sambre and Anil Pansare directed the hospital's counsel Anita Castellino to file a reply clarifying the current legal position on cases like that of the petitioner couple.
The couple informed that the wife cannot give natural birth to a child due to a medical issue so they approached the private hospital for a surrogacy procedure.
Also Read:From infertility to joy of parenthood via surrogacy - The Surrogacy Regulation Bill India
The bench further asked the hospital to clarify if the court can pass any orders on their interim prayer seeking to transfer their cryopreserved embryos from the said hospital to another fertility clinic.
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