The Kerala High Court has issued notice to the State government and National Assisted Reproductive Technology and Surrogacy Board on a writ petition filed by a transgender person seeking a directive to freeze and store his eggs. The petitioner, a 28-year-old transgender person, was assigned female gender at birth but now identifies as male. The petitioner is yet to complete sex reassignment surgery.
Violation of rights
According to the petitioner, a private hospital had refused his plea for freezing and storing his eggs, citing his gender identity. He contended that denial of cryopreserve services violated his right to reproduction guaranteed under Article 21 of the Constitution of India. The petitioner also contended that there is no legal prohibition against transgenders undergoing fertilisation procedures. Besides, restricting access to such medical procedures amounted to violation of his right to healthcare and was against the provisions of the Transgender Persons (Protection of Rights) Act, 2019.
The petitioner also pointed out that the State’s transgender policy also prohibited denying healthcare access to transgender persons.
Published - February 11, 2025 07:54 pm IST
