Kerala High Court Allows Extraction, Preservation Of Brain-Dead Man's Gametes At Wife's Request
The Kerala High Court has recently granted interim permission to extract and cryopreserve the gametes of a man declared brain-dead, following a petition filed by his wife seeking to preserve the possibility of having a biological child in the future.Justice M.B Snehalatha passed the interim order to allow the extraction and cryopreservation of the gametes of the petitioner's husband, by...
The Kerala High Court has recently granted interim permission to extract and cryopreserve the gametes of a man declared brain-dead, following a petition filed by his wife seeking to preserve the possibility of having a biological child in the future.
Justice M.B Snehalatha passed the interim order to allow the extraction and cryopreservation of the gametes of the petitioner's husband, by availing the services of a recognised Assisted Reproductive Technology (ART) clinic.
The petitioner - wife, approached the Court stating that her husband is undergoing treatment at the hospital after developing extensive cerebral venous thrombosis following chickenpox, which has resulted in brain death. According to the medical certificate placed before the court, he is currently being kept alive on ventilator support.
It was further submitted that due to her husband's medical condition, he is unable to provide the written informed consent required under Section 22 of the Assisted Reproductive Technology (Regulation) Act for the extraction and preservation of his gametes. It was argued that any delay in permitting the procedure could permanently eliminate the possibility of biological parenthood.
It was informed to the court that the hospital in which he is currently admitted possesses the necessary licence under the ART (Regulation) Act to carry out the extraction and preservation of gametes.
The Court thus allowed the hospital to permit the extraction and cryopreservation of the gametes through the services of the sixth respondent IVF clinic or any other recognised ART clinic.
However, the court clarified that no further procedures under the ART Act, including any use of the preserved gametes, shall be undertaken without the court's permission.
The matter has been posted for further consideration on April 7.
Case Title: XXX v Union of India and Ors.
Case No: WP(C) 9271/ 2026
Counsel for Petitioner: Sukarnan, Nesmel Divan, Akhil Vinayan, Saurav Shaji