HC allows sperm extraction of comatose man to enable wife pursue IVF

In a significant order that puts reproductive rights at the centre, the Delhi High Court has allowed the extraction and preservation of sperm of a comatose Army soldier, enabling his wife to pursue IVF treatment. The court said the soldier’s earlier consent, given before his injury, remains valid, and the wife’s approval can legally stand in for him under the law.

A case rooted in an unfinished IVF journey

The matter reached the court after the soldier’s wife sought permission to preserve her husband’s genetic material. The couple had already begun IVF treatment in June 2023, hoping to start a family.

However, their plans were abruptly halted in July 2025 when the soldier suffered a severe traumatic brain injury after falling from a height during patrol duty. He has since remained in a persistent vegetative state with no foreseeable neurological recovery.


As his treatment continued at an Army hospital, the IVF process was discontinued, prompting the wife to approach the court.

Court recognises prior consent, wife’s legal authority

Hearing the plea, Justice Purushaindra Kumar Kaurav ruled that the soldier’s consent at the start of the IVF process was sufficient even now.

The court held that the wife’s decision would be treated as valid consent on his behalf under the Assisted Reproductive Technology (ART) Act. It noted that there was no evidence to suggest the soldier had withdrawn his consent at any point.

The order emphasised that allowing the process to continue would be “fair, reasonable, and just”.

Right to motherhood and dignity highlighted

The wife had argued that her plea was rooted in her fundamental rights, including motherhood, dignity, and reproductive autonomy under the Constitution.

Agreeing with her, the court made a broader observation on how laws should be interpreted in such sensitive matters.

“It is trite law, that procedure is indeed the handmaiden of justice. Non-compliance with the bare, strict text of a procedural provision, destroying the substantive intent of the legislation ought not to be countenanced. The right to reproductive autonomy must be remembered is a fundamental right. The ART Act must be so interpreted which furthers the said right, and not derogates from it,” observed the court.

Medical uncertainty not a barrier, says HC

The Army hospital’s medical board had earlier indicated that the chances of retrieving viable sperm were “meagre”. But the court refused to treat that as a reason to deny the request.

It underlined that the outcome of such a procedure cannot be predetermined.

“It is destiny that determines whether or not the fortune of parenthood shall get bestowed upon persons. This court ought not to interdict the fate of the petitioner by insisting from the husband that which is physically impossible and impracticable,” it said.

Adding a philosophical note, the court observed, “A living being obtains a body under the supervision of daiva (divine),” quoting Bhagavata Purana.

A rare intersection of law, medicine, and hope

The ruling stands out for blending legal reasoning with deeply personal questions around family, consent, and fate. By allowing the IVF process to move forward despite medical uncertainty, the court has effectively ensured that a couple’s earlier decision to build a family is not cut short by a tragic turn of events.