Kerala High Court Allows Critically Ill Man's Sperm to Be Cryopreserved Without Consent For Wife's Assisted Reproduction

The Kerala High Court has provided relief to a childless couple facing a critical situation, allowing the extraction and cryopreservation of the husband's sperm despite his inability to give consent due to his deteriorating health.

Justice VG Arun granted this interim relief based on the wife's petition, which requested the procedure to enable her to undergo Assisted Reproductive Technology (ART) in the future. The court waived the husband's consent, a requirement under the ART Regulation Act, citing the urgency of the situation as his condition worsened.

The wife's legal team argued that obtaining written consent from the husband was impossible, and any delay could lead to irreversible consequences.

In its order dated August 16, the court stated, "Considering the circumstances and guided by equity in the absence of a statutory provision, I find the wife entitled to the interim relief sought."

The court permitted the hospital to extract and preserve the sperm but emphasized that no further steps under the ART Regulation Act would be allowed without the court's approval. The case is scheduled for further hearing on September 9.