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2026 Supreme(Online)(Ker) 31416
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Bilba – Appellant
Versus
Union Of India – Respondent
WP(C) NO. 9298 OF 2026|WP(C) NO. 9369 OF 2026
For the Appellants/Petitioners: Akash S., Soniya S., Girish Kumar M S, Richu Theresa Robert
For the Respondents: Sreelakshmi Suresh, Smt. Sylaja S.L., Gayathri Krishnan, Sunil Nath
The court disposed of writ petitions seeking access to Assisted Reproductive Technology (ART) services using donor gametes by directing the parties to act in accordance with previously granted interim orders permitting the procedure.
Headnote:The petitioners challenged restrictions regarding the use of donor male gametes for Assisted Reproductive Technology (ART) services under the Assisted Reproductive Technology (Regulation) Act, 2021. The Court reviewed the interim relief previously granted to the petitioners to undergo IVF procedures using donor gametes at the designated respondent hospitals. The central issue was whether the petitioners were entitled to access ART services using donor gametes. The Court found that in light of the specific circumstances and the interim permit already in force, the petitioners were entitled to proceed with the medical procedures as originally facilitated by the interim order. Following the prior interim order, the Court ordered that the writ petitions are disposed of in terms of the interim order dated 12.03.2026.
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| 1. court disposes of writ petitions based on existing interim permission for fertility treatments. (Para 1 , 2 , 3 , 4) |
J U D G M E N T
[WP(C) Nos.9298/2026, 9369/2026]
Heard the learned counsel for the petitioners, the learned Government Pleader, as well as the learned Central Government Counsel for respondent No.1.
2. The petitioners have approached this Court seeking a direction to permit them to avail Assisted Reproductive Technology (ART) services by utilising donor male gametes.
3. By a detailed interim order dated 12.03.2026, this Court had permitted the petitioners to undergo the IVF procedure using donor gametes at the 4th respondent hospital.
4. Having regard to the nature of the interim order already passed and the reliefs sought for in these writ petitions, I am of the opinion that these writ petitions can be disposed of in terms of the aforesaid interim order.
Therefore, these writ petitions would also stand disposed of, in pursuance of the interim order dated 12.03.2026.
