No law to release dead single man’s frozen semen sample to parents, legal heirs: HC says


The Delhi High Court has been told that there is no law in the country to hand over the frozen semen sample of a deceased unmarried man to his parents or legal heirs.

Sir Ganga Ram Hospital, in an affidavit filed in the High Court, said the ART regulations in the Central Government Gazette do not specify the procedure for the disposal or use of the semen sample. a deceased unmarried person.

The hospital’s response came through a petition from a couple seeking instructions for the release of their deceased son’s frozen semen sample from a center at Ganga Ram Hospital.

The High Court had requested a response from the hospital and the Delhi government to the petition in December last year.

According to the hospital, in the absence of any instructions, it was not “able to proceed with the final disposal of this frozen sample of the deceased”. He informed the court that the sample is “cryopreserved” at his center.

“The ART (Assisted Reproductive Technology) Act, ICMR Guidelines, Surrogacy Bill/Act are silent on the legal heirs of deceased unmarried men to whom the sample of semen frozen sperm must be released,” said the affidavit filed by the medical director, Sir Ganga Ram Hospital.

“There are no ART laws or legal procedure in the country to release frozen semen sample of an unmarried male to parents/legal heirs regarding disposal/use of ART. semen sample from an unmarried person,” he added.

The hospital said that according to a Calcutta High Court ruling, “only a woman has a right” to the frozen sample of their deceased unmarried son.

In the present case, the applicants’ unmarried son, after being diagnosed with cancer, had his semen sample frozen in 2020 before the start of chemotherapy.

In the petition, the petitioners stated that as the sole surviving heirs of their son who died at the age of 30, they have the greatest right to his bodily remains.

The purpose of obtaining sperm from the deceased is to carry on the legacy of his deceased son, they said.

(This story has not been edited by the Devdiscourse team and is auto-generated from a syndicated feed.)

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