Why Delhi High Court approved parents' request for their dead son’s sperm
The Delhi High Court permitted an elderly couple to access their deceased son's frozen semen for surrogacy, establishing that Indian law does not prohibit posthumous reproduction if consent is present, thus recognising the sperm sample as part of the individual's biological material and allowing it to be inherited.
In a heartwarming ruling, the Delhi High Court green-lighted an elderly couple's request to allow them access to their deceased son's frozen semen sample and let them have a grandchild through surrogacy. The couple had to take the legal route for the posthumous assisted reproduction after the hospital refused to release the sperm due to the absence of clear legal guidelines for cases without a spouse.
The couple lost their 30-year-old son, Preet Inder Singh to Non-Hodgkin’s Lymphoma, a form of blood cancer. He was diagnosed in June 2020 and admitted to the hospital for treatment where he was advised to cryopreserve his semen before the treatment that could adversely affect the quality of his sperm. Singh's sperm sample was frozen on June 27, 2020. Unfortunately, he passed away in September.
The hospital refused to hand over the sperm sample to the deceased's parents post which they petitioned the Delhi High Court. The couple wished to continue their son’s legacy by raising a grandchild through surrogacy.
The couple told the court that after they die, their two daughters will take full responsibility for the child, and had given undertaking in the court for the same.
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