Couple wins legal battle to use deceased son’s sperm for surrogacy

The Delhi High Court has granted permission to an Indian couple to use the frozen sperm of their deceased son, Preet Inder Singh, for surrogacy purposes. This ruling marks a significant development in the realm of reproductive rights, particularly in cases involving posthumous reproduction.

Surrogacy is a process where a woman agrees to carry a child for another individual or couple, who will become the child’s legal parents after birth. It serves as a valuable option for those dealing with infertility, medical issues, or other obstacles to pregnancy.

According to a report from BBC, this landmark decision came after a lengthy four-year legal battle, which began when a hospital refused to release the sperm. The couple expressed their relief and happiness upon receiving the court’s decision. Harbir Kaur, the mother of Preet, shared her sentiments, saying, “We were very unlucky to lose our son. But the court has given us a very precious gift. We will now be able to bring our son back.”

Harbir Kaur and her husband, Gurvinder Singh, initiated legal action after Ganga Ram Hospital in Delhi declined to release the sperm stored in its fertility unit in December 2020. Their son, Preet, was diagnosed with Non-Hodgkin’s Lymphoma in June 2020 and admitted for treatment. Prior to starting chemotherapy, the hospital advised him to preserve his sperm, as the treatment could impact its quality. Preet, who was single at the time, complied, and his sperm was successfully frozen on June 27, 2020. Sadly, he passed away in early September of that year.

When the grieving parents later sought access to the sperm, their request was denied by the hospital, prompting them to seek legal recourse through the Delhi High Court. In their petition, the couple, now in their sixties, assured the court that they would take full responsibility for any child born from their son’s sperm. Furthermore, they indicated that their two daughters had agreed to care for the child in the event of their passing.

Justice Prathiba Singh ruled that Indian law does not prohibit posthumous reproduction if the sperm donor has given consent. She clarified that since Preet was unmarried and had no children, his parents were entitled to the sperm under the Hindu Succession Act, making them his legal heirs.

The couple’s motivation to use the sperm stems from their desire to honor their son’s legacy. Ms. Kaur reflected on Preet’s close relationships with his sisters and friends, stating, “He is the screensaver on my phone. Every morning, I start my day by looking at his face.” Due to privacy concerns, she opted not to share a photograph of him.

The family intends to keep the surrogacy process within their circle, with a relative volunteering to serve as the surrogate. It is important to note that commercial surrogacy is illegal in India. Their lawyer, Suruchii Aggarwal, indicated that while this case is unusual, it is not entirely without precedent.

In a related update, it was reported that the judge reaffirmed that “Indian law does not prohibit posthumous reproduction if the deceased has provided consent,” and confirmed that the parents were entitled to access their son’s sperm sample as his legal heirs under the Hindu Succession Act.