Transgender Man Petitions High Court for Permission to Store Eggs for Artificial Insemination
Kochi: A transgender man has approached the High Court seeking permission to store eggs for artificial insemination. The petition also seeks to annul the provisions of the Assisted Reproductive Technology (ART) Act that deny transgender individuals permission for artificial insemination. A 28-year-old native of Thiruvananthapuram has initiated this legal battle.
The petitioner, who was assigned female at birth, has been undergoing hormone treatments after identifying as a transgender man. He has not yet undergone sex reassignment surgery. He approached a private fertility clinic to store his eggs for future artificial insemination but was denied permission due to existing legal restrictions. Following this denial, he moved the High Court.
In an affidavit submitted to the High Court, the Under Secretary of the Union Health Ministry explained the current provisions under the ART Act. Currently, the law permits artificial insemination only for infertile married couples and unmarried women. Unmarried men and transgender individuals are not allowed to conceive through this method. These limitations have been imposed considering the best interests of children and to prevent the exploitation of ordinary women, the affidavit stated. The Centre also informed the court that artificial insemination is a legal right, not a fundamental right. Furthermore, the affidavit pointed out that the Transgender Persons (Protection of Rights) Act does not contain provisions allowing artificial insemination for transgender individuals. Justice Shobha Annamma Eapen’s bench is hearing the case, which is scheduled to be considered again on December 1.