By Timothy Samuel
Couple won in court to use son’s sperm for surrogacy .An Indian couple now has the option to utilize their late son Preet Inder Singh’s stored sperm for surrogacy, according to the Delhi High Court.
In a surrogacy arrangement, a woman consents to bear and give birth to a child on behalf of another individual or couple who would later adopt the child(ren).
It is frequently used as a treatment for people or couples who are having trouble getting pregnant, having health issues, or experiencing other difficulties.
According to a BBC story on Wednesday, a hospital’s refusal to disclose the sperm sparked a four-year court battle that ended with this historic decision.
The happy couple said, “We were very unfortunate to lose our son.” However, the court has bestowed upon us a priceless gift. Preet Kaur’s mother, Harbir Kaur, told the BBC that they would finally be able to get their son back.
In December 2020, Harbir Kaur and her spouse, Gurvinder Singh, filed a lawsuit against Ganga Ram Hospital in Delhi for refusing to release the sperm kept in its reproductive lab.
In June 2020, Preet Inder Singh, their 30-year-old son, was diagnosed with non-Hodgkin’s lymphoma and admitted for treatment.Gurvinder Singh clarified, “The hospital told him to store his semen before starting chemotherapy because the treatment might negatively impact the quality of his sperm. Unmarried Preet Inder consented, and on June 27, 2020, his sperm sample was frozen.
Early in September of that year, he passed away.
When the bereaved parents asked to see the sperm a few months later, the hospital turned down their request, so the couple went to the Delhi High Court.
The couple, who are now in their 60s, promised the court during their plea that they would raise any child born from their son’s sperm and that their two daughters would take care of the child in the event of their death.
According to Justice Prathiba Singh’s ruling, posthumous procreation is permissible in India as long as the sperm donor has granted consent.
She pointed out that Preet Inder’s parents were his legal heirs and, as such, were entitled to the sperm under the Hindu Succession Act in the absence of a spouse or children.
The couple’s desire to carry on their son’s legacy motivated them to use the sperm.Hindustan Times said on Thursday that the judge decided that parents are entitled to their deceased son’s sperm because they are “Class-1 legal heirs,” citing the Hindu Succession Act. The report quoted Indian Express.
“He was adored by his friends and cherished by his sisters. On my phone, he serves as the screensaver. Every morning, I begin my day by gazing at his face,” Ms. Kaur said, choosing not to share a picture out of respect for his privacy.
A relative has offered to serve as the surrogate, and the family intends to keep the surrogacy within the family. Commercial surrogacy is forbidden by Indian law.
Although the case is unique, Suruchi Aggarwal, their attorney, claims that it has precedent.
However, Today’s Family Lawyer revealed on Thursday that the judge
