The Kerala High Court granted permission for the extraction and cryopreservation of sperm from a critically ill man, allowing his wife to use it for Assisted Reproductive Technology (ART) procedures. This decision enables the couple to pursue their dream of conceiving a child despite the man’s critical condition.
Kerala: The Kerala High Court provided relief to a childless couple by authorizing the extraction and cryopreservation of the husband’s sperm, despite his critical medical condition. This decision made to enable the wife to pursue Assisted Reproductive Technology (ART) to conceive a child.
Justice VG Arun granted this interim relief based on the wife’s petition, even though her husband’s consent, typically required under the ART Regulation Act, could not be obtained due to his rapidly deteriorating health.
The wife’s legal representatives argued that obtaining written consent from the husband was impossible given his condition, and any delay could lead to irreversible consequences.
After considering the relevant factors and guided by principles of equity in the absence of a specific statutory provision, the court concluded that the wife, as the first petitioner, is entitled to the interim relief requested.
Accordingly, the court’s order dated August 16 stated,
“The 5th respondent (hospital) is permitted to extract the sperm of X (husband) and cryopreserve the same for use by the 1st petitioner.”
The court emphasized that no additional procedures under the ART Regulation Act should be conducted without its explicit approval.
The case has been scheduled for further hearing on September 9.
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This case highlights the complex interplay between legal, medical, and ethical considerations in situations where reproductive rights intersect with critical health issues.
The court’s decision to grant interim relief in this case highlights the judiciary’s role in balancing these factors to protect the rights and interests of individuals facing extraordinary circumstances.
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