Mother Seeks Access To Dead Son's Semen; Bombay HC Orders Fertility Centre To Preserve Sample
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According to the facility centre, the man had signed a consent form, stating that the sample should be discarded after his death
The Bombay High Court has ordered a Mumbai-based fertility centre to preserve the frozen semen of an unmarried man who passed away earlier this year. The order came after the man's mother filed a petition seeking access to the sample to continue the family line.
The mother approached the High Court after the fertility centre refused to release the semen.
According to the fertility centre, the man had signed a consent form during his cancer treatment, stating that the sample should be discarded after his death. The semen had been frozen while he was undergoing chemotherapy.
In an interim order issued on June 25, a bench led by Justice Manish Pitale observed that discarding the sample before hearing the petition would make the matter pointless.
The court therefore asked the fertility centre to ensure the safe storage of the sample till the next hearing, scheduled for 30 July.
'In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the deceased, during pendency of the petition," the court ordered.
The court also said the case raises important questions about how a person's semen should be handled after death under the Assisted Reproductive Technology (Regulation) Act, 2021.
The mother argued that her son had agreed to discard the sample without discussing it with the family. After his death in February, she requested the centre to release the semen so it could be transferred to a Gujarat-based IVF clinic for further steps.
However, the fertility centre refused and insisted she obtain legal permission under the new law, which regulates and monitors ART clinics and procedures to ensure ethical use and protect the rights of those involved.
First Published:
June 27, 2025, 18:17 IST
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