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The single-judge bench was hearing a plea filed by a woman seeking direction to resume the IVF process and implant the preserved embryo (of her and her late husband) in her womb as it was her late husband's last wish and memory.
While hearing a plea filed by a woman seeking directions to allow the process of IVF and to carry out the procedure of implanting the preserved embryo in her womb without further delay, Justice Yashwant Varma of the Delhi High Court on Monday directed the Government of NCT of Delhi (GNCTD) to respond by the next date of hearing, i.e. October 13, 2022.
The petitioner namely Swastika in her plea stated that she and her late husband (who was alive at that time) approached for treatment of their medical condition, wherein infertility was diagnosed. Thereafter, on November 20, 2020 treatment through IVF/ICSI was advised by MAX hospital Panchsheel Park and both of them gave consent to start the process.
The plea further stated that on November 25, 2020, after consent oocyte retrieval and IVF/ICSI process were done, and as per their request, the embryos were frozen on November 28, 2020, initially for three months, till February 28, 2021.
It further stated that meanwhile, the second wave of Covid-19 struck, due to which medical procedures got affected and deferred and during it, the petitioner lost her husband on April 29, 2021. Thereafter, as she was in complete shock, the embryo preservation was renewed/extended for a year, on May 6, 2021, and again for a year on April 18, 2022, after paying the requisite amount for the same.
The plea also stated that the petitioner wants to continue the IVF process and get the embryo implanted into her womb and fulfill her late husband’s last wish, accordingly consulted her doctor in Max Hospital, wherein she was informed about certain legal formalities to carry out the further process of IVF.
The petitioner stated that she submitted an affidavit duly attested by the Executive Magistrate of Ghaziabad, along with her late husband's death certificate. Thereafter, the hospital informed her that the process could not be completed unless an order from the competent authority was obtained.
Furthermore, the plea stated that in May/June 2022, the hospital provided the petitioner with all relevant documents for her treatment, allowing her to choose legal recourse as soon as possible. Accordingly, the petitioner addressed her treatment to the Union of India and the Indian Council of Medical Research. Following that, the Union of India requested that the GNCTD rule on the matter as soon as possible.
It is also claimed that the petitioner approached the GNCTD and requested appropriate and prompt action in the matter. She also went to the office of the concerned authorities, and each time she was assured that action would be taken soon, but even after about two months, no action has been taken.
“The last hope and memory of the petitioner's late husband are alive in the form of the embryo that is preserved and can be implanted in her womb through which a child can be born and come into this world”, the plea stated.
Case Title: Swastika Kumari @Swastika Pandey v. Union of India and Ors.
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