Man In Coma Since 2025, Wife Seeks Court Approval To Preserve His Sperm

A woman whose husband has remained in a coma for over a year has approached the Delhi High Court seeking permission to conceive a child with him. 

Her husband has been in an intensive care unit since March 2026 in a persistent vegetative state, a condition doctors describe as extremely critical. As he remains on life support, his wife has petitioned the court to allow her to use his sperm to become a mother in the future.

Arjit Gaur, counsel for the petitioner, stated that the woman is requesting permission to preserve a sperm sample while it is still viable. He argued that any further delay could cause the sample to deteriorate, thereby extinguishing her hopes of having a child.

The Science Of Sperm Retrieval

To address the request, the petitioner has proposed forming an expert medical board to determine whether it is feasible and safe to retrieve and preserve a sample, given the husband's current medical condition. IVF expert Dr Shivani Sachdev explains that this procedure, known as surgical sperm collection or surgical sperm retrieval, involves extracting sperm from the testes using a fine needle.

The sperm is retrieved from the seminiferous tubules and subsequently frozen in a laboratory at a temperature of minus 196 degrees Celsius. While the sperm can be stored safely in small vials for extended periods, IVF often requires multiple attempts, making long-term preservation essential. Dr Sachdev noted that a patient being in a coma does not necessarily mean the quality of their sperm has been compromised.

Legal Hurdles And Spousal Consent

While sperm can be preserved for a decade or longer, the process is strictly governed by legal regulations. Current laws regarding spousal consent present a significant hurdle in this case. Under rules established in 2021, the mutual consent of both the husband and wife is essential for the use of sperm.

There is an ongoing legal debate concerning how these rules apply when a husband is unable to provide consent due to his medical condition. Although posthumous sperm collection is possible with prior authorisation, the current situation involving a living patient in a vegetative state raises complex questions regarding ethics and medical science.

The matter is scheduled for a hearing on 9 April. Ayush Gaur, counsel for the Central Government, stated that the case is being examined with great scrutiny. All eyes are now on the Delhi High Court to see how it proceeds with this sensitive matter and what verdict it eventually delivers.