Centre Opposes Trans Man’s Plea for Egg cryopreservation; Transgender Persons Outside ART Act Framework

The Union Government informed the Kerala High Court that a trans man cannot access ART services under the Assisted Reproductive Technology Regulation Act, 2021. 

It is submitted that the law permits ART only for married heterosexual couples and single women, and does not include transgender persons. The response came to a petition by a trans man seeking permission to cryopreserve his eggs before undergoing gender-affirming surgery.

The Centre said these exclusions were deliberate, based on parliamentary debate and child-welfare considerations.

It added that adoption and surrogacy laws follow similar limits and argued that expanding ART access is a legislative, not judicial, decision.

[Hari Devageeth v Union of India]