Kerala High Court Decision: Kerala High Court has given interim permission to a woman to collect and preserve the sperm of her brain-dead husband. For the use of artificial insemination (ART) in future, he will have to take separate permission from the court.
Kochi: The Kerala High Court has granted interim permission to a woman to collect her brain dead husband’s sperm and preserve it by freezing it. Justice M.B. Snehlata gave this order. However, the court has also made it clear that after collecting sperm, for any process of assisted reproductive technology (ART) i.e. artificial insemination, the woman will have to first obtain separate permission from the court. The next hearing of the case will be on April 7.
Husband is alive with the help of ventilator
This petition has been filed by a woman resident of Kannur. Her husband suffered cerebral venous thrombosis after chickenpox, due to which he became brain dead. At present, he is kept alive with the help of a ventilator. The woman said in her petition that she wants to become a mother through artificial insemination in future, hence she should be allowed to preserve her husband’s sperm.
Kerala court gives permission to collect sperm
The biggest argument given in the petition was that due to the husband being brain dead, it is impossible to take his written consent under the existing ART law. The woman also expressed concern that if treatment was delayed, she would lose her chance of parenthood forever. Only after considering all these arguments, the court has given interim approval to collect sperm and keep it safe.