Delhi HC examines ART Act's embryo destruction mandate under constitutional challenge

Indian Express - Explained · 15 Feb 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Delhi High Court issued notice on a PIL challenging provisions of the ART Act 2021 that mandate destruction of unused frozen embryos, raising constitutional questions under Articles 14 and 21 regarding reproductive rights and equality.

Key points

Assisted Reproductive Technology (Regulation) Act, 2021 permits embryo creation using donor sperm/eggs but prohibits donation of surplus frozen embryos to other couples, requiring their destruction after 10 years.

Petition by IVF specialist Dr. Aniruddha Malpani argues this creates an irrational distinction between fresh donor embryos (allowed) and frozen embryos (prohibited), despite biological equivalence.

[GS2-Polity] The constitutional challenge rests on Article 14 (equality) for creating arbitrary classification and Article 21 (liberty) for infringing reproductive autonomy through mandated embryo destruction.

Current framework allows embryos to be stored for 10 years, after which they must perish or be donated for research, with no provision for transfer to consenting infertile couples.

[GS3-Science] The plea highlights India's 27-30 million infertile couples, arguing embryo donation could provide a regulated alternative to expensive IVF cycles or lengthy adoption processes.

Legal inconsistency noted where the Act accepts 'double-donor IVF' (no genetic parenthood) but prohibits similar arrangements using existing frozen embryos.

Consent forms under ART Rules provide options for embryo disposal (perishing/research) but exclude donation to other couples as a choice, limiting reproductive options.

Way Forward: Amend ART Rules to permit embryo donation with strict consent protocols, establish a national registry for embryo matching, and align storage policies with global best practices in reproductive medicine.

Key terms

Assisted Reproductive Technology (Regulation) Act, 2021

Legislation governing IVF clinics and procedures in India, establishing standards for embryo creation, storage (10-year limit), and disposal. UPSC relevance lies in its intersection with reproductive rights, medical ethics, and constitutional challenges under Articles 14 and 21.

Article 14 (Equality)

Constitutional guarantee prohibiting arbitrary state action, requiring classification to have intelligible differentia and rational nexus with legislative object. Crucial for UPSC as it forms the basis for challenging discriminatory laws in reproductive rights cases.

Article 21 (Right to Life)

Fundamental right expanded by judiciary to include reproductive autonomy and dignity. For UPSC, its application in ART cases demonstrates evolving constitutional interpretation of privacy and bodily integrity.

Double-Donor IVF

Procedure where both sperm and eggs come from donors, creating embryos with no genetic link to commissioning parents. UPSC relevance stems from its ethical and legal implications in defining parenthood under Indian family law.