Gujarat HC Orders Sample Collection Of Critical COVID-19-Patient As Wife Wants Child

A hospital in Vadodara has been directed by the Gujarat High Court to conduct an IVF/Assisted Reproductive Technology (ART) procedure for the collection of sample of a critical COVID-19 patient having slight chances of survival

A hospital in Vadodara has been directed by the Gujarat High Court to conduct an IVF/Assisted Reproductive Technology (ART) procedure for the collection of sample of a critical COVID-19 patient having slight chances of survival, after his wife expressed the desire to bear his child.

On Tuesday the HC issued an order considering it as an “extraordinary urgent situation”.

The Vadodara-based hospital has been directed by Justice Ashutosh J Shastri to conduct the IVF (In vitro fertilisation)/ART procedure for the collection of his sample and keep it stored in an appropriate place as per medical advice after an urgent hearing of a petition filed by the patient’s wife.

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. Therefore, on Tuesday she approached the high court with an urgent plea, he informed.

The HC 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”.  The state government has also been issued notices by the court and the hospital’s director, and sought their response on July 23.

The petitioner approached the court, saying her COVID-19-infected husband was suffering from multi-organ failure and was on life support system, and according to doctors, he has slim chances of survival, said Patel.

The petitioner was directed by the HC and by the assistant government pleader to communicate its order to the hospital for collection of the patient’s sample, looking at the critical condition of his health which is said to be deteriorating.

 

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