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HC allows woman to use dead husband's frozen sperm for IVF
Ahmedabad: The High Court on Friday passed an order allowing a woman to use sperm drawn and frozen from her now-dead husband in order to attempt to conceive via in vitro fertilization (IVF).
The follows the court’s order issued on July 19, directing a Vadodara hospital to extract and preserve sperm from the woman’s husband, who had been in a critical condition while being treated for COVID-19.
The woman had approached the High Court after doctors told the family that her husband, whom she had recently married, was on his deathbed.
The petition was moved late in the evening, and an advocate appearing for the woman had requested an urgent hearing.
Justice AJ Shastri heard the matter on priority and directed the private hospital in Vadodara to perform the procedure. However, it had also said that the petitioner could not use the sperm until the matter could be considered further.
The hospital completed the testicular sperm extraction procedure that same night and preserved the sperm in the laboratory. The petitioner’s husband died the next day.
On Friday, the court decided the matter and allowed the woman to use the preserved sperm, observing, “Till date, there is no law barring a wife from using her husband’s sperm and so the permission is granted to the petitioner to use her husband’s frozen sperm to conceive through IVF method, provided, she has the permission of her in-laws,” the court said.
With the Assisted Reproductive Technology Bill still pending with the Lok Sabha, IVF currently requires consent from both husband and wife. Since the husband was in a critical condition, the wife sought the court’s permission as required by law.