KOCHI: Hari Devageeth’s fight was never just about a medical procedure, it was about preserving the possibility of parenthood while affirming his identity. The 28-year-old transgender man, who was assigned female at birth, finally found relief after the Kerala High Court allowed him to cryopreserve his eggs by approaching an ART bank of his choice.
In a compassionate order, Justice Shoba Annamma Eapen directed that the chosen ART bank should take necessary steps to retrieve and preserve Hari’s oocytes (immature egg cells) so they may be used for reproduction in future.
Hari told the court that he is yet to complete his gender-affirmation surgery. Once it is done, he will permanently lose his reproductive capacity, including through the removal of his ovaries and uterus. Before taking that irreversible step, he wanted the opportunity to preserve his gametes, to fulfil his hope of one day having a biological child.
The court said the petitioner, being a biological woman, had all the rights to preserve the oocytes since the Supreme Court has held that the right to reproduction is a fundamental right under Article 21 of the Constitution, right to life.
The petitioner also said none of the authorities concerned informed him about the aspect before he obtained the certificate under Section 7 of the Transgender Act or before the removal of breasts.
The court said it was the duty of the appropriate government to give proper awareness to transgender persons regarding preservation of their oocytes or sperms before they start treatment to change their gender. No document was produced by authorities to prove that such awareness or counselling was provided to the petitioner, the court said.
The HC said merely because the petitioner approached an ART clinic instead of an ART bank, it would not be appropriate to deny such benefit to him. The court directed the petitioner to approach the nearest ART bank for the cryopreservation of his gametes.