Kerala High Court Allows Wife To Extract And Cryopreserve Critically-Ill, Hospitalised Husband's Gametes
The Kerala High Court recently passed an interim order permitting the wife to extract and cryopreserve gametes of her husband who is unable to give written informed consent and is hospitalized in critical condition.The issue arose since the husband who is in critical medical condition is unable to give written informed consent mandated under Section 22 of The Assisted Reproductive...
The Kerala High Court recently passed an interim order permitting the wife to extract and cryopreserve gametes of her husband who is unable to give written informed consent and is hospitalized in critical condition.
The issue arose since the husband who is in critical medical condition is unable to give written informed consent mandated under Section 22 of The Assisted Reproductive Technology (Regulation) Act for seeking assisted reproductive technology.
Justice V G Arun stated that the wife shall not conduct any procedures under the ART (Regulation) Act without obtaining permission from the Court.
“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 petitioner is a 34-year-old lady who has approached the High Court seeking permission to permit the hospital to extract and cryopreserve her husband's gametes. The petitioner wants to undergo Assisted Reproductive Technology treatment/procedure to conceive and bear a child using the husband's gametes.
The petitioner's husband is in the hospital in a critical condition and his health condition is getting worse day by day. The petitioner and husband have no children.
The petitioner submitted that Section 22 of the ART (Regulation) Act mandates that there must be written informed consent from all the parties for performing Assisted Reproductive Technology treatment/procedures.
The petitioner submitted that she is unable to obtain her husband's written consent due to his critical medical condition.
Considering the above factors and on finding that there is no enabling provision, the Court granted the relief to the wife to obtain and cryopreserve her husband's gametes.
The matter has been posted to September, 09.
The plea has been moved by Advocates Akash S., Girish Kumar M S, Srividya K and Richu Theresa Robert
Case Number: WP(C) NO. 29231 OF 2024
Case Title: A N Anu v Union of India