Gujarat : High court allows woman to become mother from dying husband's sperm

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After the Kovid-19 infection, the Gujarat High Court has allowed a woman to become a mother from the sperm of a husband who is dying of multiple organ failure. The woman herself had appealed to the High Court to grant this permission. Hearing his petition, the High Court judge was also stunned for a moment. He later directed the hospital to fulfill the woman's wish.



Earlier, the concerned hospital in Vadodara had said that there was no legal permission for the woman to get pregnant through IVF or ART by taking sperm from the woman's husband due to his lack of consciousness.


The woman had told in the High Court that they were married in October 2020, after which they went abroad. Unfortunately, her father-in-law suffered a heart attack in February the following year, she returned to India with her husband. Meanwhile, the husband got Kovid-19. He was admitted to the Vadodara hospital on May 10, where he is on a ventilator. Many organs have stopped working.

prior permission required

Prior permission of a man is mandatory for collecting sperm in India. For this, ICMR has issued sperm bank guidelines. Doctors cannot take this step of their own free will. But the rules are not clear about a person who is brain dead or has lost consciousness.

In 2018 also a case came to the fore where the parents wanted to preserve the sperm of a 22-year-old unmarried son who was badly injured in a road accident. But due to lack of rules, this could not be done and later the young man died.