Soldier's Sperm Retrieval Allowed by Delhi HC

The Delhi High Court has authorized the extraction and cryopreservation of sperm from an Indian Army soldier, who is currently in a persistent vegetative state. The court ruled on April 13, 2026, that the soldier's prior consent to undergo IVF treatment with his wife constitutes valid consent under the law. Justice Purushaindra Kumar Kaurav presided over the case.

The court rejected the government's objection regarding the lack of fresh written consent. It held that the husband's earlier decision to pursue IVF with his wife was sufficient, given the unique circumstances. The judgment highlighted that procedural rules, as per the Assisted Reproductive Technology (ART) Act, should not obstruct fundamental rights like reproductive autonomy.

The soldier, a Lance Naik, married in March 2017 and they decided to have children via IVF in June 2023. Tragically, he suffered a severe brain injury on July 7, 2025, leaving him in a vegetative state with no hope of recovery. His wife petitioned the High Court to allow sperm retrieval for IVF.

A specialized medical board convened on April 9, 2026, found sperm retrieval technically feasible but with meager chances of viability. They also noted the soldier's incapacity to provide informed consent. However, the court reasoned that the couple's initiation of IVF procedures before the accident implied consent.

This decision aligns with precedents from the Kerala High Court and earlier Delhi High Court rulings on posthumous reproduction. The court acknowledged that parenthood is ultimately a matter of fate, but emphasized respecting the couple's reproductive intentions. The directive ensures that the procedure is not denied solely due to the absence of fresh consent, provided medical feasibility and other statutory requirements are met.