Delhi HC Allows Sperm Retrieval of Soldier in Vegetative State

In a landmark decision, the Delhi High Court has authorized the retrieval and cryopreservation of sperm from an Indian Army soldier who remains in a persistent vegetative state. The court ruled against denying the procedure solely due to the absence of fresh written consent.

Justice Purushaindra Kumar Kaurav affirmed in an order dated April 13, 2026, that the soldier's previously given consent for In Vitro Fertilization (IVF) treatment is legally valid. He further declared that the consent of the soldier's wife is sufficient for proceeding with IVF-related steps, provided they align with statutory requirements and the soldier's medical condition.

The soldier's wife initiated the case following her husband's severe brain injury while on duty in Jammu and Kashmir. The Army Hospital in Delhi indicated that although sperm retrieval is technically possible, the likelihood of obtaining viable sperm is slim. The Court underscored that procedural formalities should not supersede basic rights, stressing the significance of reproductive autonomy under Article 21.