Kerala High Court permits wife to preserve sperm of brain-dead husband for assisted reproduction

The Kerala High Court recently directed a hospital to extract and cryopreserve the gametes of a man declared brain-dead, so they can be preserved for future assisted reproduction.

Justice MB Snehalatha passed the interim order on a plea moved by the man's wife who said that he is currently on ventilator support.

The Court directed Baby Memorial Hospital at Kozhikode, where the husband is undergoing treatment, to allow extraction and cryopreservation of his gametes through a recognised Assisted Reproductive Technology (ART) clinic.

However, the Court also clarified that no further procedures under the Assistant Reproductive Technology (Regulation) Act, 2021, be carried out without its permission.

"Interim relief is granted directing the 5th respondent-hospital to allow the extraction and cryopreservation of the gametes of YYY (husband) by allowing the services of the 6th respondent or other recognized ART clinics. It is also made clear that, other than the extraction and preservation of the gametes, no further procedure under the Assisted Reproductive Technology (Regulation) Act shall be carried out without the permission of this Court," the Court ordered.

The petitioner stated that her husband was admitted to the hospital after he developed extensive cerebral venous thrombosis, following two weeks of chickenpox. It later resulted in his brain death.

She stated that her husband is currently being kept alive with ventilator support. In these circumstances, the woman said that she wishes to extract and preserve her husband's gametes so that she could undergo assisted reproductive treatment in the future.

Section 22 of the ART Act requires written informed consent of the person whose gametes are being used. The wife argued that her husband's medical condition made it impossible to obtain the consent.

She further stated that any delay in permitting the procedure could result in irreparable loss as the opportunity to preserve the gametes might be lost due to the her husband's critical condition.

Considering her submissions, the Court decided to grant her interim relief. The matter will be heard next on April 7.

The petitioner was represented by advocates Sukarnan, Nesmel Divan, Akhil Vinayan and Saurav Shaji.

[Read Order]