In a significant ruling, the Kerala High Court has granted interim relief to a childless woman by permitting the extraction and cryopreservation of her critically ill husband’s gametes, allowing her to proceed with Assisted Reproductive Technology (ART) for conceiving a child.
Justice V.G. Arun issued the order on August 16 in response to a petition filed by the wife, who sought permission to preserve her husband’s gametes despite his inability to provide consent due to his deteriorating medical condition. The plea highlighted that obtaining informed written consent from the husband, as mandated by the ART Regulation Act, was impossible given his critical state.
The court, taking into account the urgency and equity involved, permitted the extraction and preservation of the gametes by the hospital. However, the court emphasized that no further procedures under the ART Regulation Act should be carried out without its explicit permission.
The matter is scheduled for further hearing on September 9, where the court may issue additional directions.
