Woman Wants To Access Dead Son's 'Frozen Semen'. Bombay High Court Steps In

The Bombay High Court, in an interim order, has directed a city-based fertility centre to preserve the frozen semen of a dead man pending hearing of a petition by his mother who wants to use the fluid to continue the family line.

The woman moved the HC after the fertility centre refused to release the frozen semen to her as the man, in his consent forms, had sought for the sperm carrying fluid to be discarded post-death. The man had chosen to freeze his semen when he was undergoing chemotherapy, a cancer treatment.

A bench of Justice Manish Pitale on June 25 noted that if the frozen semen of the dead man is discarded pending hearing of the plea, then it would become infructuous. The court posted the petition for further hearing on July 30.

"In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the dead, during pendency of the petition," the court ordered.

The bench noted that the petition raises important questions with regard to the manner in which the semen of a person is to be preserved after his death under provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.

The court pointed out that in the present case, the man was unmarried at the time of his death in February.

The woman, in her plea, argued her son had, without consulting family members, in his consent forms agreed to have the frozen semen discarded if he dies.

After his death, the mother sought the Mumbai-based fertility centre to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action.

The fertility centre, however, refused and asked the mother to obtain authorization from court under the new Act, which seeks to regulate and supervise assisted reproductive technology (ART) clinics. The legislation also aims to ensure ethical practices, prevent misuse, and protect the rights of individuals seeking ART services.

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