The Delhi High Court has granted permission to the wife of an Indian Army soldier in a persistent vegetative state to collect and preserve his sperm for in vitro fertilization (IVF) treatment. This decision was based on the soldier’s prior consent for assisted reproductive treatment before his accident, which the court deemed compliant with the law. The soldier, a Lance Naik, suffered severe traumatic brain injury while on patrol duty in Jammu and Kashmir.
The court ruled that the soldier’s earlier consent to undergo IVF treatment with his wife should be considered valid under the Assisted Reproductive Technology (Regulation) Act, 2021, even though he is currently unable to provide written consent due to his medical condition. The judge emphasized the importance of allowing the necessary steps for IVF treatment to proceed, considering it fair and just for the respondents to facilitate the process to its completion.
The soldier, who enlisted in the Army in 2014, sustained the injury in July 2025 during duty in Jammu and Kashmir. Since then, he has remained in a persistent vegetative state with little chance of neurological recovery. The couple, married in 2017, had previously opted for IVF treatment in 2023 to start a family. Despite concerns raised by authorities about the lack of fresh written consent, the court upheld the couple’s reproductive rights, emphasizing the fundamental nature of the right to reproductive autonomy.
The court also addressed the medical board’s assessment that the chances of retrieving viable sperm were slim. It acknowledged that the decision to have a child is ultimately beyond human control, stating that destiny determines the outcome of parenthood. Furthermore, the court directed that the wife’s consent be recognized as valid on behalf of her husband for IVF procedures, ensuring she is not denied treatment due to the absence of her husband’s written consent. However, the relief granted is subject to statutory requirements and the soldier’s medical condition.
