HC permits extraction, cryopreserving gametes of brain-dead person

The Kerala High Court has granted interim permission to extract and cryopreserve the gametes of a person who had been declared brain-dead and is on ventilator support, after his wife approached the court with the demand, considering the possibility of having a biological child in the future.

In the interim order, a Bench of Justice M B Snehalatha permitted this and to avail the services of a recognised assisted reproductive technology (ART) clinic. The wife submitted in her plea that her husband is unable to provide a written and informed consent for the procedure. Any delay in doing the procedure could impede the chance of paternity.

The court added that, other than the extraction and preservation of the gametes, no further procedure under the Assisted Reproductive Technology (Regulation) Act shall be carried out, without the permission of the court. The matter has been posted for hearing on April 7.