Kerala HC Allows Sperm Extraction From Critically Ailing Man for Conception by Wife

Thiruvananthapuram: The Kerala High Court has permitted extraction of his sperm from a critically ill man for its cryopreservation for use by his wife to undergo Assisted Reproductive Technology procedure for conceiving a child in future, reported India Today. The couple is childless.

The wife had, in her plea, sought permission to extract and cryopreserve the sperm of her husband.

Justice VG 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.

Her lawyers told the court that it was impossible to get a written consent of the husband and if the matter was delayed any further, the worst may happen.

The court said in its order dated August 16 made it clear that other than extraction and preservation of the sperm, no further procedure under the ART Regulation Act shall be undertaken without its permission. It listed the matter for further hearing on September 9.