HC Directs Hospital to Store the sperm of a Critical Covid Patient on plea of Wife

In an important decision, on Tuesday, the Gujarat High Court directed a Vadodra hospital to conduct an IVF/ Assisted Reproduction Technology procedure to collect samples from the body of a critical Covid patient after his wife stated that she wants to bear his child.

A plea to this effect was circulated over the course of the day, when it was mentioned at 02:30 PM and a Bench of Hon’ble Justice Ashutosh Shashtri, due to the unprecedented circumstances of the husband’s condition, permitted the plea to be circulated.

The petitioners (parents and wife of the Covid patient) claimed that the patient was critical and sought his sperm to conceive a child through ART/IVF.

Before the Court, the woman submitted that her husband is currently in the ICU of a Vadodra based hospital since 10th May 2021 due to COvid complications. His condition is worsening day by day. It was claimed that currently, he is on ECMO support as his lungs are not functioning properly, and there is a chance of multiple organ failure.

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The wife further submitted that she wants to conceive his child through IVF/ART, but the hospital is not allowing them to store his sperm as there is no written consent, and therefore the hospital sought Court’s order.

The Bench has issued notice to the State and has directed the hospital to perform an ART/IVF procedure to collect samples from the petitioner’s husband and stated that the sample should be stored as per medical advice.

Lastly, the Court clarified that even though the interim relief is granted by it, the same shall be subject to the petition’s outcome.

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