Reproductive Autonomy: Delhi High Court Allows Wife to Extract Sperm of Husband in Vegetative State

The Delhi High Court granted permission to the wife of an incapacitated Indian Army soldier to extract and cryo-preserve his sperm for IVF treatment.

The Court ruled that the couple's prior mutual decision to undergo assisted reproduction in 2023 constituted sufficient consent under Section 22 of the ART Act, despite the husband's current inability to provide a written statement.

The Court emphasized that reproductive autonomy is a fundamental right under Article 21, which the ART Act must further rather than derogate.

Holding that the state cannot insist on explicit fresh consent when it is "physically impossible and impracticable" due to the husband's medical condition.