In an emotional quest for life endangered by Covid-19, a wife moved the Gujarat high court on Monday evening pleading that sperms of her husband, who is fighting a losing battle against coronavirus hooked on to life support system, are preserved.
The woman, along with parents of her husband, moved the court with an emergency plea saying that the hospital has informed them that the 29-year-old may not live for more than a day. She urged the court saying that she wants the biological material of her husband safeguarded so that she can become a mother to his child at a later date using assisted reproductive technology. The patient’s parents support her desire.
After hearing the plea, the Gujarat high court on Tuesday directed a Vadodara hospital to preserve the sperm
of the dying Covid-19 patient as sought by his wife. The hospital had initially declined her request because the patient is in no condition to give consent. He is unconscious and on life support after being hit by multiple organ failure.
The pending Assisted Reproductive Technology Bill stipulates that no man’s sperm can be obtained without his consent. The hospital management insisted on a court order in the absence of the consent.
The family rushed to the court through advocate Nilay Patel. The family sought directions to the medical expert concerned to collect and store the sperm according to medical advice. The lawyer requested the court to hear the case urgently and Justice Ashutosh Shastri agreed. It was submitted that the patient has been admitted since May 10 and the doctors have conveyed to the family that he may not survive even for a day. The court said that if the case is not dealt with urgently, it would create an irreversible situation.
The court granted permission to collect the patient’s sperm and ordered the hospital to preserve it. The court has, however, not granted permission to proceed with artificial insemination till further orders. The court is likely to hear the case again on Thursday.
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