The Delhi High Court has granted permission to an elderly couple to use their deceased son’s frozen sperm for surrogacy, establishing an important legal precedent for posthumous reproduction. The court stated that Indian law does not prohibit such practices if there is consent.
The son, Preet Inder Singh, died in September 2020 from Non-Hodgkin’s Lymphoma and had preserved his sperm beforehand in case his cancer treatment impacted his fertility.
After the hospital refused to release the sperm due to ambiguous legal rules, Singh’s parents sought legal recourse, wishing to have a grandchild through surrogacy to honor their son’s memory. The court classified the sperm sample as part of Singh’s biological material, making it inheritable under the Hindu Succession Act since he had no spouse or children.
Justice Prathiba Singh emphasized that there were no legal restrictions on posthumous reproduction and affirmed the parents’ entitlement to their son’s sperm. The court also cited international precedents, including a 2002 Israeli case that permitted parents to utilize their deceased son’s sperm for surrogacy.
Furthermore, the couple’s two daughters committed to taking full responsibility for the child after their parents’ passing, ensuring the family’s legacy continues.
