The Kerala High Court recently directed a hospital to extract and cryopreserve the gametes of a man who has been declared brain-dead so they can be preserved for future assisted reproduction.

The bench of Justice MB Snehalatha passed the interim order while hearing a plea filed by the man’s wife. She told the Court that her husband is currently on ventilator support at Baby Memorial Hospital.

The Court directed the hospital to allow the extraction and cryopreservation of the man’s gametes through a recognised Assisted Reproductive Technology (ART) clinic. However, it clarified that no further procedures under the Assisted Reproductive Technology (Regulation) Act, 2021 should be carried out without the Court’s permission.

According to the petition, the man was admitted to the hospital after developing extensive cerebral venous thrombosis following two weeks of chickenpox. His condition later deteriorated, leading to brain death.

The wife told the Court that her husband is currently being kept alive through ventilator support. In these circumstances, she requested permission to extract and preserve his gametes so that she could undergo assisted reproductive treatment in the future.

She pointed out that Section 22 of the ART Act requires written informed consent from the person whose gametes are to be used. However, due to her husband’s medical condition, obtaining such consent was not possible.

The petitioner also argued that any delay in allowing the procedure could cause irreversible loss, as the chance to preserve the gametes might be lost given her husband’s critical condition.

After considering the submissions, the Court granted interim relief and allowed the extraction and preservation of the gametes.

The matter will be taken up for further hearing on April 7.

The petitioner was represented by advocates Sukarnan, Nesmel Divan, Akhil Vinayan and Saurav Shaji.