Delhi News: The fight between husband and wife reached the court over frozen embryos, the woman reached the High Court for 16 embryos.
A woman from Mumbai has now approached the Delhi High Court regarding her rights to frozen embryos amid her ongoing dispute with her estranged husband. It is being told that the woman has a total of 16 preserved embryos, over the use of which there is a dispute going on between the husband and wife. Earlier, the National Assisted Reproductive Technology (ART) and Surrogacy Board had rejected her appeal.
This 46-year-old woman had earlier also gone to the Bombay High Court, but in September 2025 she withdrew her petition so that she could appeal to the concerned board in Delhi. But the woman alleges that her appeal was rejected without being heard properly. After this he has adopted the stand of Delhi High Court.
Husband stopped fertility transfer under ART law
This case is related to the year 2022, when this couple from South Mumbai, a year after their marriage, had frozen the embryos made from the woman’s egg and man’s sperm in a fertility clinic. But after about a year, both of them started having arguments, after which they started living separately, although both the husband and wife have not yet taken divorce.
The woman wishes that these embryos be transferred to another fertility clinic so that she can become a mother later. But under the ART Act, the woman’s husband stopped the process. Actually, for such a transfer, the consent of both husband and wife is required.
Woman asks court for permission to transfer embryos
While filing the petition, the woman said that she has sought permission to transfer the embryos under Section 29 of the ART Act and has requested the court to allow her to do so without the consent of her husband. The woman says that their marital relationship has completely broken down, due to which the husband is not giving consent to it. In the petition filed by the woman, it has also been said that due to her husband’s behavior her right to become a mother is being snatched away. The woman alleged that her husband used to torture her and later left her.
It has also been told in the petition that on one hand she is a married woman whose husband has left her. On the other hand, her own preserved embryos are not being allowed to be used. Apart from this, under Muslim personal law, the use of assisted reproductive technology (IVF) is considered possible only during marital relationship. In such a situation, this process will not be considered possible after divorce.
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