The Kerala High Court has granted the interim relief directing the respondent hospital to allow the extraction and cryopreservation of the gametes of the petitioner’s husband, who is declared brain-dead, while clarifying that other than the extraction, no further procedure under the Assisted Reproductive Technology (Regulation) Act shall be carried out without the permission of this Court.
The case arose from a writ petition filed by the petitioner, whose husband was undergoing treatment. Petitioner stated that according to the doctors of the hospital, her husband suffers from extensive cerebral venous thrombosis post 2 weeks of chickenpox, which has now resulted in his brain death and is currently kept alive with ventilator support. Petitioner has shown the clinical summary issued by the hospital before the court to buttress her claim.
The petitioner’s case is that she approached the court seeking appropriate direction as she is desirous of extracting and cryopreserving gametes of her husband, who is unable to grant consent to the same as contemplated under Section 22 of the ART Act due to his present medical conditions, and any delay would result in irreparable hardship viewing the health of the husband.
Hearing the petition, the bench of Justice M.B. Snehalatha directed the hospital to allow the extracting and cryopreserving of gametes of her husband by availing the services of the 6th respondent clinic or other recognized ART clinic. However, the Court also makes it clear that, other than the extraction and preservation of the gametes, no further procedure under the ART Act shall be carried out without the permission of this Court.
The matter was posted for further consideration on April 07, 2026.
Appearances:
For the Petitioner: Advocate Sukarnan, Advocate Nesmel Divan, Advocate Akhil Vinayan and Advocate Saurav Shaji.
For Respondents 1 & 2: Deputy Solicitor General of India.
For Respondents 3 & 4: Government Pleader.
