Delhi HC Continues Interim Protection for Cryopreserved Embryos Pending Union's Response on Mass Transfer Procedure [Read Order]

New Delhi: The High Court of Delhi has continued its interim arrangement for the preservation of cryopreserved embryos, gametes, zygotes and gonadal tissues in a matter concerning the closure of a fertility clinic, directing the Union of India to seek instructions on whether the required regulatory procedure for a mass transfer of such inventory has been followed, and listing the matter for further hearing on July 30, 2026.

Background

The petition, filed by Samiksha, came up before a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia in connection with an application seeking directions relating to the transfer of cryopreserved reproductive material following the closure of the centre where it had been stored. During the hearing, counsel for the Union of India placed on record a list of documents and drew the Court's attention to a circular dated December 23, 2024, issued by the Ministry of Health and Family Welfare, which lays down instructions and procedure to be followed in the event of shifting or mass transfer of cryopreserved embryos, gametes, zygotes or gonadal tissues inventory from one clinic or bank to another on account of closure of a centre.

The Regulatory Procedure Under the Circular

The Court noted that, apart from setting out instructions, the Circular prescribes a detailed procedure for any IVF centre, hospital, clinic or maternity home seeking to carry out such a transfer. Under this procedure, information and documents must first be submitted to the Department of Health Research, which screens the submission for any deficiency and communicates the same to the applicant. Thereafter, recommendations are sought from expert members of the National Board, following which a final decision on the application is taken by the Board itself. It is only after this final decision, and the subsequent approval of the Chairperson of the National Board, that permission for a mass transfer is formally accorded.

Status of Compliance

Counsel for the Union of India informed the Court that no application seeking such information had been received to date from Respondent No. 3, the entity connected with the clinic whose closure necessitated the present proceedings. The Court directed that instructions be sought by counsel for the Union of India on this aspect before the next date of listing.

Interim Directions

The Bench directed that, in the interim, the arrangement for preservation of the cryopreserved material shall continue in terms of its earlier order dated July 17, 2026. The Court was further informed that the National Board had already passed an order directing maintenance of status quo in respect of the inventory. The Bench permitted parties to file objections, if any, to the pending application, and directed that the matter be listed as "High on Board" on the next date.

Case Details

Case: Samiksha v. Union of India & Ors. Court: High Court of Delhi Bench: Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia Case No.: W.P.(C) 7814/2026 Application: CM APPL. 43539/2026 (for directions) Counsel: Bharat Chugh, Abhay Bhati and Maanish M. Choudhary for the Petitioner; Shiva Lakshmi, SPC, with Prashant Kumar Sharma, Malindo Shekhar and Pankhori Tiwari for Respondent Nos. 1 & 2; Shivi Tiwari for Respondent No. 3; Manish Gandhi, Sundeep Singh Dangi, Himani Singh Birhman, Muskan Gandhi and Rolly Dixit for Respondent No. 4 Date of Order: July 23, 2026 Key Instrument: Circular dated December 23, 2024, issued by the Ministry of Health & Family Welfare on transfer of cryopreserved reproductive material Next Listing: July 30, 2026

[Read Order]