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Gujarat High Court Directs Hospital To Collect Sperm Of Critical COVID Patient On Wife's Plea Wishing To Conceive Child

Sparsh Upadhyay
21 July 2021 1:43 PM GMT
Gujarat High Court, Hospital, Collect Sperm, Critical COVID Patient, Wife Plea, Conceive Child,

In a significant decision, the Gujarat High Court on Tuesday directed a hospital in Vadodara to conduct an IVF/Assisted Reproductive Technology (ART) procedure for the collection of samples from the body of a critical COVID-19 patient after his wife expressed her desire to bear his child

A petition to this effect was circulated during the course of the day upon mentioning at 2.30 p.m., and the Bench of Justice Ashutosh J. Shastri, in view of extraordinary circumstances of the condition of husband, permitted the petition to be circulated.

The petitioners, wife, and parents of the COVID patient (claimed to be on the verge of dying), sought his sperm in order to conceive his child through IVF/Assisted Reproductive Technology.

The woman submitted before the Court that her husband has been admitted in Critical Care Unit in a Vadodara based Hospital since May 10, 2021 after he of acute Covid 19 symptom and that his condition was worsening day by day.

It was also claimed that now he is on ECMO support because his lungs are unable to function properly and multi-organ failure are evident in his medical history

Significantly, the wife wanted to conceive the child through the IVF/ART technology, but the hospital was not allowing the storage of his Sperm as there was no written consent of her husband and thus the Hospital administration sought for Court's order.

Thus, issuing notice to State Government returnable on July 23, the Court directed the Hospital to conduct IVF/ART procedure for collection of samples from the body of the petitioner's husband, and the said sample shall be stored at an appropriate place as per the medical advice.

"This ad interim relief is granted in an extraordinary urgent situation before the Court and the same shall be subject to the outcome of the petition," the Court further clarified.

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