Delhi HC: Give dead man’s frozen sperms to his parents for surrogacy

Thirty-year-old Preet Inder Singh was diagnosed with Non-Hodgkin’s lymphoma on June 22, 2020. Five days later, before starting chemotherapy, he had given his semen sample for cryopreservation — doctors had said chemotherapy may affect his fertility.

Coming to the aid of the parents of a young cancer patient who, months before his death, had sought cryopreservation of his semen sample, the Delhi High Court ruled Friday that they are entitled to the release of their son’s sperm, and there is “no prohibition against posthumous reproduction” in the absence of a spouse if the consent of a sperm or an egg donor is established.

In her order, Justice Prathiba Singh relied on the Hindu Succession Act to rule that parents are entitled to the release of their son’s sperm as they are “Class-1 legal heirs of the deceased”.

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