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The Hindu
a day ago
- Health
- The Hindu
Bombay High Court orders fertility clinic to preserve deceased man's sperm in landmark ART Act case
In a case that could set a key precedent for posthumous reproductive rights in India, the Bombay High Court has directed the interim preservation of a deceased 21-year-old unmarried man's frozen semen sample. Justice Manish Pitale, presiding over a Single Bench, was hearing a petition filed by the man's mother and noted that the matter raised 'important questions' regarding the interpretation and application of the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act). The petitioner moved the High Court after the fertility clinic refused to release her son's semen. She is seeking access to the sample to continue the family lineage, arguing that her son was the sole legal heir. Justice Pitale observed, 'This petition gives rise to important questions with regard to the manner in which the semen/gamete of a person is to be preserved after death, under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Rules framed thereunder. This becomes particularly significant in the present case, for the reason that the deceased, being the son of the petitioner, was unmarried at the time of his death.' The Court said that the petition requires detailed consideration but cautioned that if the semen is discarded during the pendency of the matter, the very purpose of the petition would be defeated. 'In view of the above, list for further consideration on July 30, 2025, High on Board. In the meanwhile, as an interim direction, the respondent No.2 (the clinic) is directed to ensure safe-keeping and storage of the frozen semen sample of the deceased, during the pendency of the present petition.' According to the mother, her son was diagnosed in 2023 with Ewing Sarcoma, a rare form of cancer affecting bones. Before beginning chemotherapy, his oncologist had advised him to freeze his semen due to the potential impact on fertility. He subsequently deposited his sample at a fertility clinic in Mumbai. The consent form, the mother claims, gave only two options: discard upon death or hand over to a spouse. The son signed it without consulting his family. As he died unmarried and without a will on February 16, 2025, the clinic refused to release the sample. The mother requested that it be transferred to a Gujarat-based clinic but was informed that a court order was needed. She first approached the Maharashtra Public Health Department in March but received no response. She then appealed to the Union Ministry of Health and Family Welfare on April 28. On May 6, her grievance was formally rejected, prompting her to approach the High Court. The petition notes that there are no surviving male members in the family, as the father and uncles had passed away young. It also cites a dying wish conveyed by the son to his aunt — that his sperm be used to create children who could look after his mother and family. The petition asserts that 'the sperm constitutes property' and that 'parents are the legal heirs of their deceased son.'
News18
a day ago
- Health
- News18
Mother Seeks Access To Dead Son's Semen; Bombay HC Orders Fertility Centre To Preserve Sample
Last Updated: 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
The Print
2 days ago
- Health
- The Print
Mother seeks access to dead son's semen; HC asks fertility centre to preserve frozen sample
A bench of Justice Manish Pitale on June 25 noted that if the frozen semen of the deceased man is discarded pending hearing of the plea, then it would become infructuous. The court posted the petition for further hearing on July 30. 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. Mumbai, Jun 27 (PTI) The Bombay High Court, in an interim order, has directed a city-based fertility centre to preserve the frozen semen of a deceased unmarried man pending hearing of a petition by his mother who wants to use the fluid to continue the family line. '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 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. PTI SP RSY This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hindustan Times
2 days ago
- Health
- Hindustan Times
Dead man's mom in Mumbai wants his frozen semen to 'continue family line'
A unique legal battle is brewing in Mumbai, involving a mother's unexpected quest to become a grandmother, using her dead son's frozen sperm. The man's consent form, he clearly stated that the sperm should be discarded if he died. (Representational Image) The man, who was unmarried and undergoing chemotherapy, had decided to freeze his semen before starting cancer treatment. But in his consent form, he clearly stated that the sperm should be discarded if he died. Fast forward to earlier this year: the man passed away, and his grieving mother, hoping to continue the family lineage, approached the fertility centre where the sample was stored, news agency PTI reported. She requested they release the frozen semen so she could transfer it to an IVF centre in Gujarat for possible use in assisted reproduction. But there was a catch, the clinic refused. They cited the man's own instructions to discard the sample posthumously and pointed to the Assisted Reproductive Technology (Regulation) Act, 2021, which mandates court approval in such cases to avoid ethical and legal complications, the report added. (Also Read: Indian-origin woman rants about zero veg food at US work event: 'I walked out so disappointed') Mother moves court Determined, the mother took the matter to the Bombay High Court, arguing that her son had signed the consent form without discussing it with his family. She believes the sperm shouldn't be discarded and deserves a second chance, possibly one that includes grandkids. In response, the court stepped in with an interim order on June 25, directing the fertility centre to preserve the frozen semen until the matter is heard in full on July 30. The judge also noted that the case raises important questions under the ART law, particularly around what happens to preserved genetic material after someone dies. (With PTI inputs) (Also Read: Indian-origin CEO posts about near-heart attack, internet slams him for turning hospital photo into LinkedIn content)
Time of India
2 days ago
- Health
- Time of India
On mother's plea, HC says preserve dead youth's semen
Mumbai: Bombay high court has ordered a fertility centre in Mumbai to preserve the frozen semen of a deceased unmarried man (21) pending hearing of a petition by his mother (52) who wants to use it to continue the family line. The fertility centre had refused to release it to her and asked her to get a court order, reports Rosy Sequeira. The woman's son who died of cancer had chosen to preserve his semen during treatment for chemotherapy. Justice Manish Pitale on Wed said if the semen sample is destroyed before the matter is decided, the purpose of the petition would be "frustrated." Taking up the plea of a mother seeking access to her deceased son's semen samples, a Bombay high court judge on Thursday said, "If during the pendency of the petition, the frozen semen of the deceased is discarded, the whole purpose of filing the present petition, would stand frustrated…" He ordered the Mumbai-based Nova IVF Fertility Center "to ensure safe-keeping and storage of frozen semen sample…during the pendency of the present petition. " You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai The mother's petition said when her son was diagnosed with cancer, the oncologist treating him advised him to freeze his semen as chemotherapy causes fertility problems. Her son, without consulting family members, however, ticked an option to destroy the sample in the event of his death. He passed away on Feb 16 intestate. On Feb 24 and 26, emails were sent by the woman to the fertility center requesting them not to dispose off the semen sample and to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action. On Feb 27, Nova declined to release the sample and asked the mother to obtain authorisation from court as per Assisted Reproductive Technology (Regulation) Act and Rules. On April 1, the Maharashtra public health secretary wrote asking her to approach the national board. On May 6 the Union ministry of health and family welfare rejected her request. Thereafter, the mother moved HC. The sample was meant for storage till July 31. Her petition, submitted through advocates Nikhilesh Pote and Tanmay Jadhav, said the young man's family comprises only female relatives. His father died at 45 and his uncle at 21. "Now the petitioner has lost S at the age of 21…the petitioner intends to continue the family legacy through the deceased son's semen." It said when her son was critical and realised he didn't have much time, he told his aunt to "do something with the sperm and create his children who would take care of my mom and family. " Also, it is a settled legal position that "sperm constitutes property and the parents are the legal heirs of the deceased son." It said the form signed by the deceased youth had two columns - to 'perish' the sample or hand it over to the wife (if married). "The deceased son of the petitioner was unmarried, hence he might have chosen the 'perish' option." Justice Pitale said the petition raises "important questions with regard to the manner in which the semen/gamete of a person are to be preserved" after death. The central govt's advocate, Yashodeep Deshmukh, referred to Delhi HC's Oct 2024 judgment where a similar prayer by the parents of a deceased unmarried man was allowed. He said, however, in the present case, the deceased had specifically opted for his frozen semen sample to be discarded upon his death. Justice Pitale noted that Delhi HC had directed the union ministry to consider if whether any law, or guidelines are required to address issues related to posthumous reproduction. Deshmukh will inform whether guidelines are framed on July 30.
