The Delhi High Court on Friday directed Sir Ganga Ram Hospital to release the frozen sperm of a dead man to his parents for the reproduction of a child.
The High Court said that there is no prohibition on posthumous reproduction in Indian law.
Justice Prathiba M Singh issued the direction while disposing of the petition moved by the father of the dead man who sought the release of preserved sperm from the Ganga Ram Hospital.
The High Court said, " As there is no prohibition on posthumous reproduction in Indian law, the sperm can be used for reproduction."
Justice Prathiba M. Singh directed the hospital to release the frozen sperm of his son to him.
She said that it is very common to bring up their grandchildren by the grandparents.
However, the High Court said that the sperm shall not be used for commercial purposes.
In November 2022, the High Court issued notice to the Ministry of Health and Family Welfare and sought its response to a plea seeking the release of a dead man's sperm from a hospital. The plea was moved by the parents of the man.
The petitioner sought direction for the release of the frozen sperm of their son kept in the in vitro fertilisation (IVF) lab in Delhi's Ganga Ram hospital.
Their son had died of cancer in September 2020. They had approached the hospital but it had refused to release it, stating that there were no instructions from the government. It can release the same in the direction of the court.
Earlier, the court had issued notice to the Delhi government and Ganga Ram Hospital. The hospital had filed a report stating that there are no Assisted Reproductive Technology (ATR) laws related to the release of frozen semen samples to his family.
It was also submitted that the related ICMR guidelines and the Surrogacy Act are also silent on this issue.
While issuing notice to the Centre, the High Court observed that the government's view is important on the matter as the decision of the court would have an impact on the ART (Regulations) Act.
