Mumbai The In-vitro Fertilisation (IVF) unit of Hinduja Hospital responded to the petition filed by a couple seeking directions to transfer frozen embryos and stated that they are merely adhering to the stipulations of the Surrogacy Regulation Act and Assisted Reproductive Technology Regulation Act.
The affidavit filed by Dr Arati Adhe, on behalf of the hospital, stated that as the act stipulates that any surrogacy has to be permitted by a national board, and in the absence of such a board, it is not possible for them to transfer the cryopreserved embryos to any other IVF clinic.
It further stated that the surrogacy was not initiated in October 2021 as claimed by the couple, and urged the court to not be misled while passing orders.
The hospital filed the affidavit in compliance with a May 18 order of the vacation bench headed by justice Nitin Sambre, through Dr Adhe, who was treating the couple.
The doctor further refuted the couple’s claim that the procedure had started in October 2021. The affidavit stated that though the cryopreserved embryos were prepared, the potential candidate for surrogacy was not identified and the candidate undergoing treatment for the surrogacy had been deemed unsuitable on January 18. The same was conveyed to the couple on January 26. In light of this, Dr Adhe has submitted that the procedure had not commenced before the Acts came into force on January 25, 2022.
“IVF procedure conducted on December 24 last year was under the then prevailing ICMR guidelines. However, the potential surrogate candidate was not found to be medically fit for implantation and hence the procedure did not commence before the Acts came into the force,” the affidavit read.
It added that the hospital is merely following the rules and procedures mentioned in the Acts which has strict penal provisions in case of any default.
The Surrogacy Regulation Act prohibits commercial surrogacy but allows altruistic surrogacy aimed at curbing exploitation of women and permits surrogacy only if the candidate is a relative. The Act also proposes to establish a National Surrogacy Board involved in policy making at the central level, and state surrogacy boards and appropriate authorities for permitting surrogacy.
The petition filed by the Ghatkopar couple was listed before the division bench of justices S V Gangapurwala and Madhav Jamdar for hearing on Tuesday. The couple had claimed in their petition that they were married in 2008 and had been blessed with two children. However, both their children died and the woman had to undergo a procedure to remove her uterus. Hence, they decided to opt for surrogacy and approached the PD Hinduja Hospital.
The petition further stated that in December 2021, the embryos were prepared for implantation. However, after the Surrogacy Act came into force, a doctor from the hospital informed the couple that the hospital would not continue with the procedure and also could not transfer the embryos.