After a mother’s heartfelt plea, Bombay High Court directs fertility centre to preserve her deceased son’s semen. She seeks to fulfil his legacy and continue the family line.
Mumbai: Today on June 27, the Bombay High Court has passed an interim order directing a fertility centre in Mumbai to safely preserve the frozen semen of a 21-year-old unmarried man who passed away due to cancer.
This order comes after the man’s 52-year-old mother filed a petition requesting access to her deceased son’s semen to continue the family lineage.
The young man had frozen his semen while undergoing chemotherapy as part of his cancer treatment. However, according to the consent forms he signed at the fertility centre, he had expressed his wish that the semen should be discarded in the event of his death.
After his death in February, his mother approached the fertility centre, requesting them to transfer the semen sample to an IVF centre in Gujarat for future use.
However, the fertility centre refused, stating that as per the man’s signed consent, they could not release the sample and advised her to get court permission.
Hearing the matter, Justice Manish Pitale of the Bombay High Court observed that the petition involved significant legal questions regarding how semen is to be stored after a person’s death under the Assisted Reproductive Technology (Regulation) Act, 2021.
The judge said,
“If during the pendency of the petition, the frozen semen of the deceased is discarded, the whole purpose of filing the present petition, would stand frustrated.”
Therefore, in its interim direction, the High Court stated,
“In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the deceased, during pendency of the petition.”
The bench further explained that since the young man was unmarried at the time of his death, the case presents important and complex legal and ethical issues under the 2021 law, which regulates assisted reproductive technology (ART) services.
The mother, in her petition, argued that her son had agreed to discard the semen after death “without consulting family members”, and she wished to preserve the sample for future use through an IVF procedure.
The fertility centre relied on the deceased man’s written consent and refused to release the sample without legal authorisation.
They also referred to the Assisted Reproductive Technology (Regulation) Act, 2021, which governs the functioning of ART clinics, aims to ensure ethical practices, prevent misuse, and protect the rights of all parties involved in assisted reproductive procedures.
Justice Pitale highlighted the need to protect the core issue of the petition until a final decision is made, stating,
“If the semen sample is destroyed before the matter is decided, the purpose of the petition would be frustrated.”
The court has scheduled the matter for the next hearing on July 30. Till then, the fertility centre must preserve the semen sample under court supervision.
Advocate Nikhilesh P, along with advocates Tanmay T Jadhav, Sushil Shilwant, Sneha Kadam and Akshay More appeared for the petitioner (deceased man’s mother).
Additional Government Pleader Savina R Crasto appeared for the State.
Advocate Yashodeep Deshmukh, instructed by Ashutosh Mishra, appeared for Union of India.
Case Title:
XX v State of Maharashtra
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