$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10447/2020 & CM APPL. 33057/2020 MEDICOVER HEALTHCARE PVT. LTD. .....Petitioner Through: Ms. Iyer Shruti Gopal, Advocate with Mr. Ang Bajaj, Ms. Nishita, Advocates Mob: 8860729023 Email: shruti@salaw.in versus SOTH DELHI MUNICIPAL CORPORATION & ORS. .....Respondents Through: Mr. Mukesh Gupta, Advocate with Mr. Sachin Singh Shahi, Mrs. Shashi Gupta, Mr. Arnav Gupta and Ms. Sucheta Sharma, Advocates for MCD Mob: 6398366980 Email: m.guptaadvocate@yahoo.in Mr. Aman Bhalla, Mr. Ankit Shubham, Ms. Farheen, Advocates for R-2 & 3 Mob: 8826971251 Mr. Ashim Shridhar, Advocate for Respondent No. 4 (through VC) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA O R D E R % 29.04.2025 1. Learned counsel appearing for the petitioner submits that since live embryos have to be transferred, for that purpose, permission is required to be taken in terms of Rule 19 of the Assisted Reproductive Technology (Regulations) Amendment Rules, 2023. The said Rule, as relied upon by This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:20:47 learned counsel appearing for the petitioner, reads as under: “xxx xxx xxx G.S.R 126(E).-In exercise of the powers conferred by clause (z) of sub-section (2) of section 42 of the Assisted Reproductive Technology (Regulation) Act, 2021 (42 of 2021), the Central Government hereby makes the following rules further to amend the Assisted Reproductive Technology (Regulation) Rules, 2022, namely:- 1. (1) These rules may be called the Assisted Reproductive Technology (Regulations) Amendment Rules, 2023. (2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Assisted Reproductive Technology (Regulation) Rules, 2022,- (a) after rule 18, the following rule shall be inserted, namely: - "19. Transfer of gametes and embryos for personal use within or outside India. - Whoever intends to transfer own gametes and embryos for personal use within or outside India under section 29 of the Act, shall apply or furnish declaration in Forms 16 to 24, as may be applicable and obtain the prior permission of the National Board." (b) Schedule 1 shall be renumbered as Schedule thereof and in the Schedule as so renumbered, after Form 15, the following forms shall be inserted, namely:- xxx xxx xxx” (Emphasis Supplied) 2. By relying upon the aforesaid Rule, learned counsel appearing for the petitioner submits that they have already sought permission from the National Board. 3. She has handed over a copy of the communication dated 25th April, 2025, received from the Art and Surrogacy Division, wherein, it is stated that their application for transfer of cryo-preserved embryos/gametes from the premises in question, is under active consideration, and shall be decided in the upcoming National Board Meeting, which is to be held shortly. 4. Learned counsel appearing for the petitioner submits that the clinic This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:20:47 has already been closed, and, that only the live embryos are stored in the premises in question. 5. She submits that the same shall be shifted immediately after receiving the requisite permission from the National Board. 6. Thus, she further submits that the petitioner does not wish to pursue the present writ petition. 7. Accordingly, noting the aforesaid submissions made by learned counsel appearing for the petitioner, it is directed that in view of the fact that the live embryos are to be shifted from the premises in question, which cannot be done in the absence of the permission, as aforesaid, it is directed that no coercive action shall be taken against the petitioner, till 31st July, 2025. 8. It is directed that the petitioner shall shift the live embryos from the premises in question, immediately after receiving the requisite permission. 9. With the aforesaid directions, the present writ petition, along with the pending application, is disposed of. MINI PUSHKARNA, J APRIL 29, 2025 ak This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:20:47