Kerala hospital allows sperm extraction from seriously ill husband to help couple conceive

Cochin: He Kerala High Court Allowed the extraction of gametes from a seriously ill husband and his cryopreservation for his wife to use to help those who do not have children coupleThe wife will undergo a Assisted reproductive technology (ART) procedure to conceive a child, PTI reported.

Judge VG Arun granted the interim relief based on the wife’s petition without the consent of the woman’s husband, which is a requirement under the Assisted Reproductive Technology (ART) Regulation Act, as the man’s medical condition was already critical and worsening day by day, the report said.

In her submission, the woman claimed that she was seeking permission to extract and cryopreserve her husband’s gametes. The lawyers, on behalf of the woman, argued that it was impossible to obtain the husband’s written and informed consent and that the matter should not be delayed any further.

“Considering the aforesaid factors and being guided by equity in the absence of any enabling statutory provision, I am of the view that the first petitioner (wife) is entitled to the interim relief sought for,” the court said in its August 16 order, as quoted by PTI.

“Therefore, the fifth respondent (hospital) is permitted to extract the gametes of X (husband) and cryopreserve them for the use of the first petitioner,” the court added.

However, the court made it clear that apart from the extraction and preservation of gametes, no other procedure under the ART Regulation Act may be carried out without the relevant legal permits for the same.

The court posted the matter for further hearing on September 9, the report said.

(With contributions from PTI)