The wife of a dying COVID-19 patient wants his sperm collected and stored; the court agrees.
Following a court order, a woman has been given permission to harvest and store her husband’s sperm because the man hospitalized due to COVID-19 had very small odds of survival.
The woman filed the petition in Gujarat on Monday evening, according to The Times Of India.
She went to court when physicians told her that her husband, who was on a life support system, might not live another day.
An Indian man’s sperm cannot be taken without his agreement, according to the forthcoming Assisted Reproductive Technology Bill. The patient, who has not been recognized, is currently unconscious and suffering from multiple organ failure. When the woman presented her plea to the medical officials, they advised her to seek judicial approval.
The woman indicated her intention to be the mother of her husband’s child in her petition to the Gujarat High Court, and thus requested permission to collect and store his sperm in accordance with medical advice. Her husband’s parents were supportive of her aspirations. The man was admitted to the hospital on May 10 and had a minimal chance of survival, according to her counsel. The appeal asked the court to hear the issue immediately since failure to do so could result in a “irreversible disaster.”
The court found in her favor a few hours later. The court also ordered the petitioner and the assistant government pleader to notify its order to the hospital so that his samples may be collected as soon as possible, according to India Times. It also stated that the samples should be stored in a secure location according to physician guidance for future IVF/Assisted Reproductive Technology procedures.
The court, however, has refused to allow artificial insemination to take place until additional directives are issued. The case will almost certainly be heard again this week.
Reproductive medical tourism is gaining traction in India, which is one of the primary hubs of the worldwide fertility sector. Assisted reproductive technology (ART) such as gamete donation, intrauterine insemination (IUI), IVF, and gestational surrogacy are all available at fertility clinics in this city. While officials believe that there are approximately 3,000 such clinics in the country, there is no clear data or oversight of their operations. The government introduced the Assisted Reproductive Technology (ART) Regulation Bill 2020 to address the matter.