Delhi High Court Approves Sperm Extraction for Soldier in Vegetative State
Delhi HC allows extraction, cryopreservation of sperm of man in vegetative state
Hindustan Times
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The Delhi High Court has allowed the extraction and cryopreservation of sperm from an Indian Army soldier in a persistent vegetative state, affirming that his prior consent for IVF with his wife constitutes valid consent under the Assisted Reproductive Technology (ART) Act, 2021. This decision emphasizes reproductive autonomy as a fundamental right.
- 01Delhi High Court ruled that prior consent for IVF constitutes valid consent for sperm extraction.
- 02The soldier's wife sought sperm extraction after he fell into a vegetative state due to a brain injury.
- 03The court emphasized reproductive autonomy as a fundamental right under the ART Act.
- 04The Centre's argument for explicit written consent was rejected by the court.
- 05The ruling aligns with previous judgments recognizing reproductive materials as part of an individual's estate.
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The Delhi High Court has permitted the extraction and cryopreservation of sperm from an Indian Army soldier who is in a persistent vegetative state, holding that his prior consent to undergo in vitro fertilization (IVF) with his wife is sufficient under the Assisted Reproductive Technology (Regulation) Act, 2021. The court, led by Justice Purushaindra Kumar Kaurav, stated that reproductive autonomy is a fundamental right that must be upheld. The soldier, who married in March 2017, suffered a severe brain injury during a patrol in Jammu and Kashmir in July 2025, leaving him in a vegetative state. His wife filed a petition for sperm extraction to fulfill their mutual desire to conceive a child. The court noted that although there was no explicit written consent from the husband, the couple's prior decisions and actions indicated consent for IVF treatment. The ruling rejects the Centre’s argument regarding the need for explicit consent, emphasizing that denying the procedure would undermine the husband’s original intent to pursue IVF. This decision builds on a previous ruling that recognized reproductive materials as part of an individual's biological estate, allowing for posthumous reproduction if consent can be established.
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This ruling could set a precedent for future cases involving reproductive rights and consent in India, particularly for couples facing similar circumstances.
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