Kerala High Court allows widow to use deceased husband's frozen embryos

The Kerala High Court has ruled that a widow may use the cryopreserved embryos of her deceased husband for assisted reproduction. The court directed a hospital to permit the use of the embryos, noting that the husband had expressed a clear intention for them to be used.

The dispute arose after the hospital refused the request, citing that the original consent obtained during the couple's infertility treatment did not include the specific statutory language required by the Assisted Reproductive Technology (Regulation) Act, 2021. Justice Harisankar V. Menon held that the hospital's failure to use the correct prescribed form could not be used to deny the widow's request, especially given the husband's expressed wishes.