A couple in India is celebrating after a significant ruling from the Delhi High Court granted them access to their deceased son’s frozen sperm, allowing them to pursue surrogacy and fulfill their dream of having a grandchild.
“Incredibly, we faced the devastation of losing our son, but the court has given us a precious gift. Now we have the opportunity to bring our son back in a way,” Harbir Kaur, the mother, told the BBC.
Harbir and her husband, Gurvinder Singh, turned to the legal system after Ganga Ram Hospital in Delhi denied their request in December 2020 to release their son Preet Inder Singh’s semen, which had been preserved at the facility. Preet, who was only 30 years old, had been diagnosed with Non-Hodgkin’s Lymphoma, a form of blood cancer, in June 2020. He was advised to freeze his sperm before starting chemotherapy, as the treatment could affect his fertility.
“He was unmarried and agreed to the freezing. His sample was preserved on June 27, 2020, but unfortunately, he passed away in early September,” Gurvinder explained.
After months of grief, the couple sought access to their son’s sperm, only to be met with refusal from the hospital. This led them to petition the Delhi High Court for their rights.
Now in their 60s, the couple assured the court that they would raise any child conceived with their son’s sperm. They also mentioned that their two daughters had committed to caring for the child in case anything were to happen to them.
In her ruling, Justice Prathiba Singh noted that Indian law does not prohibit posthumous reproduction when the deceased had given consent. She also emphasized that, in the absence of a spouse or children, parents are recognized as legal heirs under the Hindu Succession Act.
This ruling is a lifeline for the couple, who are eager to preserve their son’s legacy. “He was cherished by his sisters and friends; he’s still the screensaver on my phone. I see his face first thing every morning,” Harbir shared, choosing not to disclose his photo for privacy reasons.
The family is considering using the sperm for surrogacy with a relative willing to be the surrogate, in compliance with Indian laws that ban commercial surrogacy.
While this case is unusual, it is not entirely without precedent, as pointed out by Harbir’s lawyer, Suruchii Aggarwal. Justice Singh referenced previous instances of sanctioned posthumous reproduction, including a notable 2018 case in Pune where a mother successfully used her deceased son’s semen to have twins through surrogacy.
Aggarwal also cited a pivotal 2019 case in New York, in which the parents of a military cadet were granted permission to use their son’s frozen sperm to conceive a grandchild. The practice, while sensitive and complex, is gradually gaining recognition within legal systems in various jurisdictions.
