Kerala High Court allows gamete extraction from dying husband to allow wife assisted reproduction

Kochi: The Kerala High Court has come to the aid of a childless couple where the husband is critically ill, by permitting extraction of his gametes and cryopreserving them for use by his wife to undergo Assisted Reproductive Technology procedure for conceiving a child.

Justice V G Arun granted the interim relief on the wife’s plea 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 day-by-day.

The wife had, in her plea, sought permission to extract and cryopreserve the gametes of her husband. Her lawyers told the court that it was impossible to get informed 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 X (husband) and cryopreserve the same for use by the 1st petitioner,” the court said in its order dated August 16.

The court made it clear that other than extraction and preservation of the gametes, no further procedure under the ART Regulation Act shall be undertaken without its permission.

It listed the matter for further hearing on September 9.