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  • Release frozen semen...

Release frozen semen samples of deceased to his parents: Delhi Court Orders Gangaram Hospital

Kajal RajputWritten by Kajal Rajput Published On 2024-10-05T13:05:51+05:30  |  Updated On 5 Oct 2024 1:05 PM IST
Cough Syrup Warning Will Not Affect Existing Stock: HC Relief to Glenmark, Zuventus

Delhi High Court

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Justice Prathiba M Singh issued directions while disposing petition by the father of the dead man who sought release of preserved sperm

New Delhi: The Delhi High Court on Friday directed Sir Ganga Ram Hospital to release the frozen sperm of a dead man to his parents for the reproduction of a child.

The High Court said that there is no prohibition on posthumous reproduction in Indian law.

Justice Prathiba M Singh issued the direction while disposing of the petition moved by the father of the dead man who sought the release of preserved sperm from the Ganga Ram Hospital.

The High Court said, " As there is no prohibition on posthumous reproduction in Indian law, the sperm can be used for reproduction."

Also Read:Sir Ganga Ram Hospital Doctors perform emergency Sinus surgery on 27-year-old man with Fungal Sinusitis

Justice Prathiba M. Singh directed the hospital to release the frozen sperm of his son to him.

She said that it is very common to bring up their grandchildren by the grandparents.

However, the High Court said that the sperm shall not be used for commercial purposes.

In November 2022, the High Court issued notice to the Ministry of Health and Family Welfare and sought its response to a plea seeking the release of a dead man's sperm from a hospital. The plea was moved by the parents of the man.

The petitioner sought direction for the release of the frozen sperm of their son kept in the in vitro fertilisation (IVF) lab in Delhi's Ganga Ram hospital.

Their son had died of cancer in September 2020. They had approached the hospital but it had refused to release it, stating that there were no instructions from the government. It can release the same in the direction of the court.

Earlier, the court had issued notice to the Delhi government and Ganga Ram Hospital. The hospital had filed a report stating that there are no Assisted Reproductive Technology (ATR) laws related to the release of frozen semen samples to his family.

It was also submitted that the related ICMR guidelines and the Surrogacy Act are also silent on this issue.

While issuing notice to the Centre, the High Court observed that the government's view is important on the matter as the decision of the court would have an impact on the ART (Regulations) Act.

Also Read:Sir Ganga Ram Hospital Doctors use E-CPR to save 11-year-old girl with Viral Myocarditis
Delhi High CourtGanga Ram HospitalIVFsurrogacyfrozen spermIn vitro fertilisationassisted reproductive technologydelhi hospital
Source : ANI
Kajal Rajput
Kajal Rajput

    Kajal joined Medical Dialogue in 2019 for the Latest Health News. She has done her graduation from the University of Delhi. She mainly covers news about the Latest Healthcare. She can be contacted at editorial@medicaldialogues.in.

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