In a historic ruling, the Delhi High Court has granted an Indian couple access to their late son’s frozen semen, allowing them to pursue surrogacy in an effort to have a grandchild. The decision comes after a four-year legal battle following the hospital’s initial refusal to release the sample.
Harbir Kaur and Gurvinder Singh, the parents of 30-year-old Preet Inder Singh, who passed away in September 2020 from Non-Hodgkin’s Lymphoma, expressed their relief after the ruling. “We were very unlucky to lose our son, but the court has given us a precious gift. We now have the chance to get our son back,” said Ms. Kaur.
Before undergoing chemotherapy, Preet Inder had stored his semen at Delhi’s Ganga Ram Hospital on medical advice, as the treatment could affect his fertility. After his death, his parents sought access to the sample but were denied. The hospital argued there were no clear laws governing the release of an unmarried man’s sperm to his parents.
The couple took their case to the Delhi High Court, citing their desire to continue their family legacy. They also reassured the court that they would raise any child born through surrogacy, and their daughters would take responsibility if necessary.
Justice Prathiba Singh, in her ruling, stated that Indian law does not prohibit posthumous reproduction with consent, and in the absence of a spouse, the parents are the legal heirs entitled to the genetic material. The court also referenced similar international cases, including one from Israel in 2002, where parents used their deceased son’s sperm for surrogacy.
The ruling offers hope to the family, who are now considering surrogacy, with one of their daughters potentially serving as the surrogate. “We will keep it in the family,” Ms. Kaur added.
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