Transman Moves Kerala High Court For Cryopreserving Eggs

KIMS Hospital Trivandrum has denied him permission to cryopreserve his eggs based on his self-perceived gender identity, aggrieved by which he has approached the High Court.

Justice C. S. Dias issued notice to the KIMS Hospital. Government Pleader took notice for the State government and the Director of the Social Justice Department. Deputy Solicitor General of India took notice for the Union government and the National ART and Surrogacy Board.

The petitioner has not completed his sex reassignment surgery and has only undergone breast removal surgery in 2023. He submitted that he wants to cryopreserve his eggs before his sex reassignment surgery.

In his writ petition, the petitioner submitted that transgender men can also experience pregnancy. It was submitted that denial of permission to egg cryopreservation amounts to a denial of reproductive choice, thus violating his right to reproduction under Article 21 of the Constitution.

He submitted that there is no absolute restriction on undergoing the fertilisation process and thus he must be allowed to cryopreserve his eggs. He further contended that denying this permission would be a violation of his right to access healthcare, which is protected under Article 21 of the Constitution as well as the Transgender Persons Protection Act, 2019. Additionally, he stated that the Transgender Persons Protection of Rights Rules, 2020, prohibits discrimination.

The matter has been posted for further consideration on February 18, 2025.

The plea has been moved by Advocates A.K.Preetha, C.Anil Kumar, Devika Mohan, Reshma R.Krishnan

Case Title: Hari Devageeth v Union of India

Case No: WP(C) 5306/2025