Sperm extracted from the critically ill husband following Gujarat High Court's order

The Gujarat High Court on Tuesday directed a hospital in Gujarat's Vadodara to urgently collect sperm samples of a critically ill patient so his wife could bear his child through In-Vitro Fertilisation (IVF). The court ruled that the doctor had only 24 hours to collect the patient's sperm. The doctor of a private hospital in Vadodara managed to extract the sperm from the critically ill patient.

Ahmedabad: The Gujarat High Court on Tuesday directed a hospital in Gujarat's Vadodara to urgently collect sperm samples of a critically ill patient so his wife could bear his child through In-Vitro Fertilisation (IVF). The court ruled that the doctor had only 24 hours to collect the patient's sperm. The doctor of a private hospital in Vadodara managed to extract the sperm from the critically ill patient. A team of 7 doctors were involved in the complex process by using a special technique in consultation with medical and legal experts. This sperm will be kept safe till the next hearing of the High Court.

The couple got married in October last year. Subsequently, the man was infected with Covid-19 and his condition kept worsening. He now suffers from multi-organ failure and the doctors have said he has slim chances of survival. On hearing this, his wife expressed a wish to have a child through IVF under the given circumstances. However, as the hospital refused to grant her wish without a court order, she moved the Gujarat High Court on Tuesday with an urgent plea.

Justice Ashutosh J Shastri directed the Vadodara-based hospital to conduct the procedure for the collection of his sperm and store them in an appropriate place as per medical advice. "The ad-interim relief is granted in an extraordinary urgent situation before the court and the same shall be subject to the outcome of the petition," the court observed.

IVF requires the written consent of both husband and wife to have a child. In this case, the wife could have given her written consent, but her husband was not conscious due to the extremely critical condition. Hence the approval from the High Court was obtained by the doctors. The High Court had allowed the collection of sperm but directed it not to be used till the next hearing.