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Kerala Court Allows Gamete Extraction Post-Death
16 Mar
Summary
- Court permits gamete extraction and preservation from brain-dead patient.
- Wife requested procedure to allow future biological child possibility.
- Further ART procedures require explicit court permission.
In a significant interim order, the Kerala High Court has authorized the extraction and cryopreservation of gametes from a person declared brain-dead and kept on ventilator support. This decision came after the patient's wife approached the court, expressing the desire for a biological child in the future.
The Bench acknowledged that the husband could not provide informed consent due to his condition. The court's order allows the petitioner to utilize the services of a recognized assisted reproductive technology (ART) clinic for the gamete preservation.
However, the court strictly stipulated that no additional procedures under the Assisted Reproductive Technology (Regulation) Act would be permissible without prior court approval. The matter has been adjourned and is slated for another hearing on April 7.
