Delhi High Court’s Verdict on Posthumous Use of Cryopreserved Sperm
The Delhi High Court allowed the posthumous use of a deceased man’s cryopreserved sperm for reproduction, marking a significant legal precedent in India.
Key Aspects of the Judgment:
Legality of Posthumous Reproduction:
- There is no legal restriction on using cryopreserved sperm or eggs for reproduction after the donor’s death, provided consent is established.
- Assisted Reproductive Technology (ART) can be employed to conceive a child using the gametes of a deceased individual.
Inheritance of Biological Material:
- The court held that sperm or egg samples are a form of biological property and can be inherited by legal heirs.
Assisted Reproductive Technology (ART):
- Definition: ART involves techniques for achieving pregnancy using sperm or eggs outside the natural reproductive process.
- Examples: In-vitro fertilization (IVF), surrogacy, gamete cryopreservation, and GIFT (Gamete Intra-Fallopian Transfer).
ART and Surrogacy Laws in India:
- ART (Regulation) Act, 2021:
- Regulates the operation of ART clinics and banks, ensuring the ethical use of ART services.
- Surrogacy (Regulation) Act, 2021:
- Prohibits commercial surrogacy, allowing only altruistic surrogacy under specified conditions.