Bombay High Court Seeks Hospital's Response To Couple's Plea For Completion Of Surrogacy Procedure

The couple sought transfer of their cryopreserved embryos from PG Hinduja Hospital and Research Centre to any other fertility clinic to fulfill their yearning for a child through surrogacy. The couple cited the legislative logjam in completing the procedure several months after the Act came into force in January 2022.

On Wednesday, a vacation bench of Justices NW Sambre and Anil Pansare directed Hinduja Hospital to file its reply and clarify the current legal position for couples like the petitioners. Advocate Anita Castellino for the hospital informed the court that the Act required a State Board and a National Board to be constituted for such procedures. Moreover, a state board had already been constituted under the Act and had started receiving applications.

Advocate PV Dinesh, counsel for the petitioners, sought an ad-interim order for transfer of embryos in the interim in view of Section 29 of the Act mandating the State Board to meet at least once in four months.

However, the bench was of the view that it would wait for the hospital's response before passing any orders.

The bench then posted the matter for hearing on June 7.