Gujarat HC allows collection of critical Covid patient’s sample as wife wants a child

The Gujarat High Court has directed a hospital in Vadodara to conduct an Assisted Reproductive Technology (ART) procedure for the collection of samples of a critical COVID-19 patient having slim chances of survival after his wife expressed the desire to bear his child.

The woman, along with the parents of her husband, moved the court with an emergency plea saying that the hospital has informed them that the 29-year-old may not live for more than a day.

The high court issued the order considering it as an “extraordinary urgent situation”.

The petitioner wants to conceive his child through the IVF/ART technology, but the hospital was not allowing this unless she got a court order directing it to collect his sample, her lawyer Nilay Patel said. Hence, she approached the high court on Tuesday with an urgent plea, he said.

The high court said, “the ad-interim relief is granted in an extraordinary urgent situation before the court and the same shall be subject to the outcome of the petition”.

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The court also issued notices to the state government and the hospital’s director and sought their response on July 23.

The court granted permission to collect the patient’s sperm and ordered the hospital to preserve it. 

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