Daijiworld Media Network – Mumbai

Mumbai, Jun 27: In a sensitive case raising complex legal and ethical questions, the Bombay High Court has directed a city-based fertility centre to preserve the frozen semen of a deceased man, following a petition by his mother seeking to use it to continue the family lineage.

The interim order was passed by Justice Manish Pitale on June 25, who observed that discarding the sample during the pendency of the case would render the petition infructuous. The matter is now scheduled for further hearing on July 30.

The deceased man, who was unmarried and undergoing chemotherapy, had opted to freeze his semen before starting treatment. However, in the consent forms, he had instructed that the semen be discarded in the event of his death.

After his passing in February, his mother approached the fertility clinic requesting the transfer of the semen to an IVF centre in Gujarat, but was denied. The clinic cited the man’s prior written consent and provisions under the Assisted Reproductive Technology (Regulation) Act, 2021, and asked the woman to seek legal authorization.

The mother contended in her plea that her son had signed the consent form without consulting his family, and urged the court to allow her access for the purpose of preserving the family line.

Justice Pitale noted that the petition raises significant legal issues regarding posthumous use and storage of semen under the ART Act, which regulates assisted reproductive technology practices and aims to protect the rights of all parties involved.

In the meantime, the fertility centre has been directed to ensure the safe storage of the sample until the matter is conclusively heard.