Delhi High Court Rules on Posthumous Reproduction

The Delhi High Court has made a landmark ruling permitting posthumous reproduction, allowing the parents of a deceased man to access his frozen sperm for surrogacy. Justice Prathiba M. Singh stated that there is no legal prohibition against posthumous reproduction if consent from the deceased can be demonstrated. The court emphasized that the sperm constitutes property and should be considered part of the deceased's estate. The decision arose after the man's parents sought the sperm stored at Sir Ganga Ram Hospital following his death from cancer, aiming to fulfill his legacy through a grandchild. The ruling also calls for the Ministry of Health and Family Welfare to consider creating guidelines to clarify legal ambiguities surrounding such cases. This decision highlights the evolving nature of reproductive rights in India and addresses ethical concerns regarding posthumous reproduction.