The Court surmised that the request for transfer was probably refused on the basis of Section 29 of the Act which reads as follows:
“29. The sale, transfer or use of gametes, zygotes and embryos, or any part thereof or information related thereto, directly or indirectly to any party within or outside India shall be prohibited except in the case of transfer of own gametes and embryos for personal use with the permission of the National Board,“
However, Section 29 does not interdict the kind of transfer that the petitioners sought, the Court opined.
“A close scrutiny of the provision shows that the intention is to prevent/restrict sale etc of human gametes, zygotes and embryos. In the case at hand, there is no such transfer, since no donor or third party is involved and the embryos are that of the commissioning couple,” the order stated.
Therefore, the Court directed the hospitals to ensure expeditious and safe transfer and storage of the embryos of the petitioners.