Delhi HC seeks Govt's response on woman's plea for IVF of frozen embryo

New Delhi: The Delhi High Court recently directed the Government of NCT of Delhi (GNCTD) to respond to a plea filed by a woman who sought directions to allow the process of IVF and to carry out the procedure of implanting the preserved embryo in her womb without further delay. 

The government has been directed to respond before the next date of hearing, October 13 this year. 

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The petitioner stated that she and her late husband, who was alive at that time, had approached the MAX Hospital in Panchsheel Park and was diagnosed with infertility. The hospital then advised them to follow IVF/ICSI on 20th November 2020, following which the couple gave their consent to begin the process. 

The plea stated that on November 25, 2020, after the consent, oocyte retrieval and IVF/ICSI process were done, and as per their request, the embryos were frozen on November 28, 2020, initially for three months, till February 28, 2021. However, then the COVID pandemic took place because of which the medical procedures were affected and they deferred treatment. 

But the petitioner's husband passed away on April 29, 2021. However, the petitioner observed that despite paying the requisite amount, the hospital had renewed/extended the embryo preservation for a year, on May 6, 2021, and again for a year on April 18, 2022. 

The plea stated that she wanted to continue the IVF process and implant the embryo in her womb, which was also a wish of her late husband, following which she consulted the doctor in Max Hospital, who then told her about some legal formalities to carry out the further process of IVF, as per a report in the Law Beat. According to the petition, she, in accordance with the procedure had submitted an affidavit duly attested by the Executive Magistrate of Ghaziabad, along with her late husband's death certificate. 

But the hospital told her they cannot complete the process unless an order from the competent authority was obtained. The plea alleged that in May/June 2022, the hospital provided the petitioner with all relevant documents for her treatment, allowing her to choose legal recourse as soon as possible. Subsequently, the petitioner took the issue to the Union of India and the Indian Council of Medical Research, after which the Union of India requested that the GNCTD rule on the matter as soon as possible.

It was alleged that the petitioner had gone to the GNCTD and requested appropriate and prompt action in the matter, in addition to the office of the concerned authorities. They promised to take action but did not do anything even after two months. The plea observed, "The last hope and memory of the petitioner's late husband are alive in the form of the embryo that is preserved and can be implanted in her womb through which a child can be born and come into this world."