Delhi High Court authorises posthumous use of cryopreserved semen for reproduction | Current Affairs | Vision IAS
News Today Logo

Delhi High Court authorises posthumous use of cryopreserved semen for reproduction

Posted 17 Oct 2024

2 min read

Delhi High Court has granted a 60-year-old couple the right to use the frozen sperm of their deceased son for surrogacy.

Highlights of Judgement 

  • Under Indian law, there is no prohibition against posthumous reproduction, in absence of the spouse, if the consent of the egg or sperm owner is demonstrated.
    • Posthumous Reproduction is the process of conceiving a child using Assisted Reproductive Technology (ART) after the death of one or both biological parents. 
      • In such case, a deceased person's cryopreserved gametes are used to conceive a child.
  • Court concluded that a semen sample or an ovum sample constitutes ‘property’ as it is part of individual’s biological material and can be inherited by legal heirs

Assisted Reproductive Technology (ART)

  • ART includes all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.
  • These include In-Vitro Fertilization, Surrogacy, Gamete Cryopreservation, Gamete Intra-Fallopian Transfer (GIFT) etc

ART Regulation in India

  • ART (Regulation) Act, 2021: Regulation and supervision of ART clinics and banks, prevention of misuse, safe and ethical practice of ART services.
  • Surrogacy (Regulation) Act, 2021: It prohibits and punishes commercial surrogacy, permitting it only for altruism.
  • Tags :
  • Surrogacy
  • Assisted Reproductive Technology
  • ART (Regulation) Act, 2021
  • Surrogacy (Regulation) Act, 2021
  • Cryopreservation
Watch News Today