Delhi HC Orders Release Of Deceased Man’s Frozen Sperm For Surrogacy

The Delhi High Court on Friday has directed Sir Ganga Ram Hospital to release the frozen sperm of a deceased man to his parents for reproductive purposes.

Justice Prathiba M. Singh emphasized that there is no prohibition on posthumous reproduction under Indian law, stating, “As there is no prohibition on posthumous reproduction in Indian law, the sperm can be used for reproduction.”

The ruling came during the disposal of a petition filed by the deceased man’s father, who sought the release of his son’s preserved sperm from the hospital. Justice Singh noted that it is common for grandparents to raise their grandchildren, reinforcing the familial significance of the court’s decision. However, she clarified that the sperm must not be used for commercial purposes.

The legal proceedings began in November 2022 when the High Court issued a notice to the Ministry of Health and Family Welfare, seeking a response to the parents’ plea for the release of their son’s sperm. Their son had succumbed to cancer in September 2020, and the parents had initially approached the hospital for the release of the sperm stored in its in vitro fertilization (IVF) lab.

The hospital denied the request, citing a lack of governmental instructions and stating it could only release the sperm under court orders.

The hospital had previously submitted that there are no specific Assisted Reproductive Technology (ART) laws governing the release of frozen semen samples to family members. Additionally, the guidelines from the Indian Council of Medical Research (ICMR) and the Surrogacy Act did not address the issue.

Recognizing the significance of the matter, the High Court had issued a notice to the Delhi government and Sir Ganga Ram Hospital, emphasizing that the government’s perspective is crucial since the court’s decision could impact the ART (Regulations) Act.

As the case unfolds, the court’s ruling marks a notable development in the discourse surrounding reproductive rights and posthumous reproduction in India, setting a precedent for future cases involving similar circumstances.