Delhi High Court Seeks Centre's Stand On Elderly Couple's Plea For Release Of Deceased Son's Sperm Sample

The Delhi High Court on Wednesday sought Centre's response in a plea moved by an elderly couple for release of the frozen semen sample of their unmarried son, who died due to cancer in September 2020.

Justice Yashwant Varma impleaded Central Government as a party in a pending plea moved by the deceased's parents last year seeking direction for handover of their son's frozen semen sample to them from Sir Ganga Ram Hospital

It is their case that following the demise of their son, they are the "sole claimants" over his remaining "bodily assets", and the hospital's action of denying them access to the semen sample is violative of their rights.

Issuing notice to the Centre, the court listed the matter for further hearing in January 2023 after observing that its ruling could have an impact on the Assisted Reproductive Technology (Regulation) Act 2021.

Responding to the plea earlier this year, Sir Ganga Ram Hospital had told court that there are "no laws or legal proceedings in the country to release frozen samples of an unmarried male to his legal heirs."

When the petitioner's late son was undergoing treatment in Ganga Ram Hospital, the doctors at the Hospital had informed them that the treatment of cancer may lead to infertility. Therefore, he had decided to preserve his sperm in an IVF lab of the hospital in June 2020.

After the death of their son, the petitioners approached the Hospital for of release their son's sperm so that they can "carry on their son's legacy" but the hospital refused, stating that there is no clear direction from the State in this regard.

Senior Advocate Suruchii Agarwal along with Advocates Kuldeep Singh and Dhruv Srivastava appeared for the petitioners.

Case Title: Gurvinder Singh & Anr. v. GNCTD & Ors.