Delhi High Court Allows Parents to Use Deceased Son’s Sperm for Reproduction
The Delhi High Court has directed Sir Ganga Ram Hospital to release the frozen sperm of a deceased man to his parents for the purpose of reproduction. Justice Prathiba M Singh stated that Indian law does not prohibit posthumous reproduction. The decision came after the deceased man’s father petitioned for the release of the sperm, which was preserved at the hospital.
Justice Singh emphasized that grandparents often raise their grandchildren, but the sperm must not be used for commercial purposes. The court had previously sought responses from the Ministry of Health and Family Welfare regarding the release of the sperm, as the hospital had refused to do so without court direction.
The hospital reported that there are no specific Assisted Reproductive Technology (ART) laws or guidelines from the Indian Council of Medical Research (ICMR) or the Surrogacy Act addressing the release of frozen sperm to family members. The court’s decision is expected to influence the ART (Regulations) Act.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a court in India that makes important legal decisions for the region of Delhi. It helps solve disputes and make sure laws are followed.
Sir Ganga Ram Hospital -: Sir Ganga Ram Hospital is a well-known hospital in Delhi, India. It provides medical services and treatments to people.
Frozen sperm -: Frozen sperm is sperm that has been preserved at very low temperatures. This is done so it can be used later for having babies.
Posthumous reproduction -: Posthumous reproduction means having a baby using the sperm or eggs of someone who has passed away. It allows families to have children even after a loved one has died.
Justice Prathiba M Singh -: Justice Prathiba M Singh is a judge at the Delhi High Court. Judges like her make important decisions in legal cases.
ART (Regulations) Act -: The ART (Regulations) Act is a set of rules in India that governs assisted reproductive technologies, like IVF. It helps ensure these technologies are used safely and ethically.
ICMR -: ICMR stands for Indian Council of Medical Research. It is an organization in India that conducts and supports medical research to improve health.
Surrogacy Act -: The Surrogacy Act is a law in India that regulates surrogacy, which is when a woman carries and gives birth to a baby for someone else. It ensures surrogacy is done legally and ethically.