Technical reading of law can’t defeat reproductive rights: Delhi high court
The Delhi high court ruled that a technical reading of the law cannot undermine reproductive rights, allowing a couple to transfer their cryopreserved embryos for IVF despite the woman exceeding the age limit. The court emphasized that the Assisted Reproductive Technology Act aims to ensure ethical practices rather than create barriers to parenthood. The couple's request was supported by their medical evaluations, which showed no immediate risks associated with the embryo transfer.
- ▪The Delhi high court allowed a couple to transfer their cryopreserved embryos for IVF despite the woman exceeding the age limit of 50.
- ▪The court stated that the ART Act's purpose is to ensure ethical practices, not to create barriers to reproductive rights.
- ▪The couple argued that they were within the age limit when they started IVF treatment, and the age restriction should not apply to already created embryos.
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Technical reading of law can’t defeat reproductive rights: Delhi high courtThe court said the objective of the Assisted Reproductive Technology (Regulation) Act is to ensure ethical and safe practices, not to create barriersPublished on: Jun 03, 2026 2:02 PM ISTBy Shruti KakkarShare viaCopy link The Delhi high court has allowed the transfer of a couple’s remaining cryopreserved embryos for In Vitro Fertilization (IVF) despite the woman exceeding the prescribed upper age limit, observing that a technical or pedantic reading of the law cannot defeat reproductive rights and access to parenthood.The court observed that the government failed to place on record any medical opinion demonstrating any medical risk.A bench of Justice Purushaindra Kumar Kaurav observed that the objective of the…
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