Delhi High Court Allows Parents of Cancer Victim to Retrieve Preserved Semen
Image Source: Hindustan Times
The court stated that there is no legal obstacle to using sperm for reproduction posthumously, provided the donor’s consent is established.
The Delhi High Court ruled on Friday that the parents of a young cancer patient, who had requested his semen to be preserved before his death, can now access it. The court clarified that there is no legal barrier to using sperm for reproduction posthumously, provided the donor’s consent is confirmed and there is no spouse. Justice Prathiba Singh, citing the Hindu Succession Act, determined that the parents are entitled to their deceased son’s sperm, as they are considered “Class-1 legal heirs.” Preet Inder Singh, a 30-year-old diagnosed with Non-Hodgkin’s lymphoma in June 2020, preserved his semen prior to chemotherapy, which could impact his fertility.
The Delhi High Court ruled that reproductive material, such as a semen sample, is considered “property” or part of a person’s “estate.” The court instructed Sir Ganga Ram Hospital to release Preet Inder Singh’s frozen semen sample to his parents. Singh passed away on September 1, 2020, and later in December, his parents, Gurvinder Singh and Harbir Kaur, requested the hospital to release the preserved sample. After facing difficulties in retrieving it, they approached the Delhi High Court in 2021. Rerepresented by senior advocate Suruchii Aggarwal and advocate Gurmeet Singh, the parents and their two daughters agreed to take full responsibility for any child born through surrogacy using the frozen sample. The hospital, represented by advocate Anurag Bindal, argued that the Assisted Reproductive Technology (Regulation) Act of 2021 does not provide specific guidelines for the disposal or use of semen samples from unmarried individuals.
However, Justice Prathiba Singh, granting the parents’ request, noted that Preet Inder had given explicit consent for the preservation of his semen, indicating his intent for future procreation. The court observed that Preet Inder’s consent implied his wish for the semen to be used to have children, even though he might have hoped to survive post-chemotherapy. Since the semen sample is genetic material and considered property, the parents, as heirs, are entitled to access it. The bench further acknowledged that grandparents are fully capable of raising their grandchildren and integrating them into society. The proposed child could be born via surrogacy or through IVF using a consenting woman, as identified by the parents. Referencing the Hindu Succession Act, the court concluded that in the absence of a spouse or children, the parents are Class-1 legal heirs with the right to access their deceased son’s biological material.
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