Kerala High Court permits woman to extract, preserve sperm of critically ill husband
The Kerala High Court has granted interim relief to a childless couple, allowing the extraction and cryopreservation of the critically ill husband's sperm without his consent, due to his worsening medical condition.
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FollowKochi: The Kerala High Court has come to the aid of a childless couple where the husband is critically ill, by permitting extraction of his sperm and cryopreserving it for use by his wife to undergo Assisted Reproductive Technology procedure for conceiving a child.
Justice VG Arun granted the interim relief on the 34-year-old wife's petition without the consent of her husband, a requirement under the Assisted Reproductive Technology (ART) Regulation Act, as his medical condition was critical and was worsening by each passing day.
The wife had, in her petition, sought permission to extract and cryopreserve the sperm of her husband.
Her lawyers told the court that it was impossible to get the written consent of the husband and if the matter was delayed any further, the worst may happen.
"Taking the above factors into consideration, and being guided by equity in the absence of an enabling statutory provision, I find the 1st petitioner (wife) to be entitled for the interim relief sought. Hence, the 5th respondent (hospital) is permitted to extract the gametes of (name) and cryopreserve the same for use by the 1st petitioner (wife). It is made clear that, other than extraction and preservation of the gametes no further procedure under the ART (Regulation) Act shall be undertaken without this court's permission," the court said in its order.
The couple got married just last year and did not have any children. The husband, a native of Ernakulam, was critically injured in a collision with a car while riding his bike on August 4 and has been hospitalized in a private facility, relying on a ventilator for survival. Given his precarious condition, his wife has petitioned the High Court to allow the extraction of his sperm for use in Assisted Reproductive Technology (ART) treatment, hoping to conceive a child. However, as per the ART regulations introduced in 2021, the procedure requires the consent of both spouses, posing a challenge in this situation.
The court made it clear that other than extraction and preservation of the sperm, no further procedure under the ART Regulation Act shall be undertaken without its permission.
It listed the matter for further hearing on September 9.
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