Kerala HC Allows Wife to Preserve Brain-Dead Husband’s Sperm for IVF
Court grants interim relief for extraction and cryopreservation, pending consent provisions under ART law.
Staff WriterMar 17, 2026, 10:15 AMKerala High Court has allowed a wife to extract and preserve the sperm of her brain-dead husband for future assisted reproduction.
The wife argued that her husband's medical condition made it impossible to obtain the consent required under the law.
Justice MB Snehalatha passed the interim order on a plea moved by the man's wife, who said that he is currently on ventilator support.
The Court directed Baby Memorial Hospital at Kozhikode, where the husband is undergoing treatment, to allow extraction and cryopreservation of his gametes through a recognised Assisted Reproductive Technology (ART) clinic.
However, the Court also clarified that no further procedures under the Assisted Reproductive Technology (Regulation) Act, 2021, be carried out without its permission.
"Interim relief is granted directing the 5th respondent-hospital to allow the extraction and cryopreservation of the gametes of YYY (husband) by allowing the services of the 6th respondent or other recognised ART clinics. It is also made clear that, other than the extraction and preservation of the gametes, no further procedure under the Assisted Reproductive Technology (Regulation) Act shall be carried out without the permission of this Court," the Court ordered.
The petitioner stated that her husband was admitted to the hospital after he developed extensive cerebral venous thrombosis, following two weeks of chickenpox. It later resulted in his brain death.
She said that her husband is currently being kept alive with ventilator support. In these circumstances, the woman wishes to extract and preserve her husband's gametes so that she could undergo assisted reproductive treatment in the future.
Section 22 of the ART Act requires written informed consent of the person whose gametes are being used. The wife argued that her husband's medical condition made it impossible to obtain the consent.
She further stated that any delay in permitting the procedure could result in irreparable loss, as the opportunity to preserve the gametes might be lost due to her husband's critical condition.
Considering her submissions, the Court decided to grant her interim relief. The matter will be heard next on April 7.
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