This Man Dies of COVID-19, His Wife Struggles to Get His Sperm

AHMEDABAD – A wife emotionally appeals to the high court of Gujarat, India , on Monday night pleaded to take her husband’s sperm. He did this to continue the lineage because his husband was dying from COVID-19.

The woman, along with her husband’s parents, went to court with an emergency petition. She said the hospital had informed her that her 29-year-old husband might not survive more than a day.

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She urged the court to decide that her husband’s biological material should be preserved so that she could become a mother to her child later in life using assisted reproductive technology. The patient’s parents supported his daughter-in-law’s wishes.

After hearing the defense, Gujarat’s high court on Tuesday directed Vadodara hospital to preserve the sperm of a dying COVID-19 patient as his wife sought.

The hospital initially refused his request because the patient was not in a condition to give consent. The patient is unconscious and using life support after experiencing multiple organ failure.

The pending Assisted Reproductive Technology Bill (RUU) stipulates that a man’s sperm cannot be obtained without his consent. The hospital management insisted on the rule.

The patient’s family eventually rushed to court through advocate Nilay Patel. The family asked the relevant medical expert for instructions to collect and store sperm in accordance with medical advice. The lawyer asked the court to hear the case immediately and Judge Ashutosh Shastri agreed.

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The patient has been in treatment since May 10 and doctors have informed the family that he may not survive even a day. The court said that if the case was not dealt with immediately, it would create an irreversible situation.

Court, as quoted Times of India, Wednesday (21/7/2021), gave permission to collect the patient’s sperm and ordered the hospital to preserve it.

However, the court did not grant permission to proceed with artificial insemination until further orders were given. The court is likely to hear the case again on Thursday (22/7/2021). The identities of the woman and her dying husband were not made public.

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