Delhi High Court allows parents to use deceased son’s frozen sperm for posthumous reproduction

North News

New Delhi, October 5

In a landmark ruling, the Delhi High Court has authorised the release of a young cancer patient’s cryopreserved sperm to his parents, establishing that there is “no prohibition against posthumous reproduction” in the absence of a spouse, provided consent from the donor is verified.  The court classified reproductive material, including semen, as “property” or “an estate,” directing Sir Ganga Ram Hospital to release the frozen sample to the parents of the deceased. Justice Prathiba Singh cited the Hindu Succession Act, affirming that the parents are “Class-1 legal heirs” entitled to their son’s reproductive material, the news outlet The Indian Express reported.

 Preet Inder Singh, 30, was diagnosed with Non-Hodgkin’s lymphoma on June 22, 2020, and had provided his semen sample for cryopreservation just before starting chemotherapy, which could have impacted his fertility, the news outlet said.