Delhi high court big update 2024
Delhi high court big update 2024:-In a landmark judgment, the Delhi High Court has ruled that a deceased man’s sperm can be used for posthumous reproduction, if he has prior consent.
Justice Pratibha M Singh, directing Sir Ganga Ram Hospital, Delhi, said, “In the opinion of this Court, under the prevailing Indian law, if the consent of the sperm owner or the egg owner can be demonstrated, there is no right to posthumous reproduction. There is no restriction.” To hand over a frozen semen sample of an unmarried 30-year-old man – who died of cancer in September 2020 – to his parents for posthumous reproduction to preserve their son’s legacy. ALSO READ:-https://livendtv.com/israel-breaking-news-2024/
Given the settled position, as per the medical records produced by (Sir) Ganga ram Hospital, the sperm constitutes property and the parents are the legal heirs of their deceased son. There being no restriction on posthumous reproduction and the consent being given by the petitioner’s son before his death, the court is of the opinion that this is a fit case for releasing the sperm sample to the petitioners,” it ordered on October 4. . ,
“Respondent No. 3- Accordingly, Ganga Ram Hospital is directed to immediately hand over the frozen semen sample dated June 27, 2020, collected in the IVF Laboratory, to the custody of the petitioners,” it said.
However, it was clarified that “the said semen sample shall not be used for any commercial or monetary purpose
It sought to emphasize that with the expansion of modern science, which enables infertile couples to have children, even grandparents’ hopes of continuing the legacy of their young dead son Can’t be beat, who had his sperm sample preserved. “In India, it is not uncommon for grandparents to raise children, especially in the absence of physical parents due to separation, divorce or demise…Grandparents are also able to raise their grandchildren in this manner. Equally capable are to integrate them into the society,” it said.
The High Court directed the Central Government Standing Counsel to convey its order to the Secretary, Ministry of Health and Family Welfare for necessary action and to consider whether any law, Act or guidelines are required to address the issues related to posthumous reproduction.
Reproduction after death, If the deceased was married and had a spouse, the issues would not be so complex. In the absence of a spouse, the question arises: Is there any restriction on posthumous reproduction under existing law? The answer is clearly negative. In the absence of any such prohibition, this Court is unable to read down the prohibition where no prohibition exists,” Justice Singh said.
Under Section 24(f) of the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act), posthumous collection of gametes (reproductive cells) can be done with the prior consent of the commissioning couple, it noted. ALSO READ:-https://livendtv.com/israel-breaking-news-2024/
Posthumous reproduction refers to the process of conceiving a child using ART after the death of one or both biological parents. As already mentioned, this includes techniques such as stimulated ejaculation from a deceased or brain-dead individual, micro epididymal sperm aspiration (‘MESA’), or testicular sperm extraction (‘TSA’). Alternatively, preserved or frozen sperm or eggs collected before death may be used.
,The petitioners—the grieving parents of the deceased—had approached the Delhi High Court seeking to continue his legacy by obtaining his preserved semen sample from Sir Ganga Ram Hospital for posthumous reproduction. His son was diagnosed with cancer and had to undergo chemotherapy. At that stage, doctors advised him to store his semen to deal with any infertility problems caused by chemotherapy.
The deceased then consented to freeze his semen sample, and his semen sample was preserved at the IVF Lab of Sir Ganga Ram Hospital on June 27, 2020. He died on September 1, 2020, at the age of 30.
The court said that the petitioner’s son had clearly stated that he was ready to undergo semen freezing to preserve fertility and for the purpose of having a child.
“Thus, consent to preservation of semen in this case is not merely implied but actually expressed. The deceased who was the owner of the specimen was well aware that he was not married and had no partner. The petitioners’ son wanted to take a semen sample to have a child The last wishes of the deceased son can also be ascertained from the consent given for semen sample preservation. When he passed away, the parents are the heirs of the deceased, and semen samples constitute genetic material and property, the parents are entitled to release it,” the HC said. ALSO READ:-https://livendtv.com/israel-breaking-news-2024/
