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HC seeks Centre's response on couple's plea for release of deceased son's sperm sample
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IANS | 23 Nov, 2022
The
Delhi high court has sought the Centre's response on an elderly couples
plea for the release of the frozen semen sample of their deceased son.
The petitioners' son succumbed to cancer in September two years ago.
However, the Sir Ganga Ram Hospital - where the deceased underwent
treatment - had told the court in February this year that there is no
law or legal proceedings in the country to release frozen samples of the
semen of an unmarried male to his legal heirs.
Justice
Yashwant Varma impleaded the Central government as a party in a plea
moved by the deceased's parents last year seeking a direction for the
handover of their son's frozen semen sample to them by the hospital.
Following
the demise of their son, they are the sole claimants of his remaining
bodily assets, and the hospital's action of denying them access to the
semen sample seems to be violative of their rights.
Issuing
notice to the Centre, the court has 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.
While
the deceased was undergoing treatment, the doctors at the hospital
informed them that the treatment of cancer may lead to infertility.
Therefore, he decided to preserve his sperm in an IVF lab at the
hospital in June 2020. In order to carry on their son's legacy, the
couple approached the hospital asking for the release of their son's
sperm. However, the hospital refused stating that there is no clear
direction from the state in this regard.
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