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2w ago

Bombay High Court Safeguards Deceased Son’s Frozen Semen Pending Mother’s Lineage Claim

Justice Manish Pitale said preserving the sample is necessary to let her challenge her late son’s discard instruction under the Assisted Reproductive Technology Act.

The man's consent form, he clearly stated that the sperm should be discarded if he died. (Representational Image)
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Court orders preservation of dead man's semen as mother seeks it for lineage

Overview

  • The interim order directs Nova IVF Fertility Centre to continue storing the 21-year-old’s semen until the Bombay High Court hears the petition on July 30.
  • The mother contends her son ticked the disposal option without consulting family and as his sole legal heir she seeks to use the sample for posthumous reproduction.
  • The man froze his semen in 2023 before chemotherapy—advised by his oncologist to safeguard against treatment-related infertility—and later signed consent to discard it if he died.
  • Under the Assisted Reproductive Technology (Regulation) Act, 2021, clinics must obtain court authorization to release or destroy gametes after a patient’s death.
  • Justice Pitale warned that discarding the sample now would nullify the petition and highlighted unresolved questions about consent and inheritance rights under the ART Act.