New Delhi: The Delhi High Court has allowed an elderly couple to access their deceased son's frozen sperm for surrogacy, setting a significant legal precedent in posthumous reproduction. The court ruled that Indian law does not prohibit posthumous reproduction, provided consent is present. The couple's son, Preet Inder Singh, passed away in September 2020 from Non-Hodgkin’s Lymphoma after cryopreserving his sperm due to concerns that his cancer treatment might affect fertility.
Singh's parents approached the court after the hospital refused to release the sperm, citing unclear legal guidelines. The couple sought to have a grandchild through surrogacy, expressing their desire to continue their son’s legacy. The court recognized the sperm sample as part of the individual's biological material, making it inheritable under the Hindu Succession Act, in the absence of a spouse or children.
Justice Prathiba Singh, in her order, noted that there was no legal prohibition on posthumous reproduction and ruled that Singh’s parents were entitled to his sperm sample. The court also referenced international cases, including a 2002 Israeli ruling, which allowed parents to use their deceased son’s sperm for surrogacy.
The couple's two daughters pledged to take full responsibility for the child after the parents' demise, ensuring the continuity of the family line.
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