Delhi court grants parents access to late son's preserved sperm for surrogacy

The court ruled on Friday, October 4 that there are no legal barriers to "posthumous reproduction" without a spouse if proper consent is provided.

Preet Inder Singh, 30, was diagnosed with Non-Hodgkin's lymphoma in June 2020 and had his semen cryopreserved before starting chemotherapy, which could affect his fertility.

His parents, Gurvinder Singh and Harbir Kaur, requested the release of the sample from Sir Ganga Ram Hospital in December. When attempts to get the sample failed, the Indian couple moved to the Delhi High Court in 2021.

Justice Prathiba Singh who presided over the case concluded that reproductive material like sperm is considered “property” or “an estate.” She ruled that Singh's parents, as “Class-1 legal heirs” under the Hindu Succession Act, are entitled to the sample.

The court explained that Singh had explicitly consented to the preservation of his sperm, indicating he intended it for procreation.

“The son of the petitioners intended for the semen sample to be used in order to bear a child. He may have hoped to live after chemotherapy but nature willed otherwise," The court's verdict was quoted by The Indian Express.

"From the consent given for semen sample preservation, the deceased son’s last wish can also be discerned. When he passed away, the parents being the heirs of the deceased, and semen samples being genetic material and constituting property, the parents are entitled for release of the same,” the verdict added.

The ruling recognized the grandparents' desire to continue their deceased son's legacy after the parents expressed their willingness to take full responsibility for any child born via surrogacy using the preserved sperm.