Delhi: Elderly couple wants frozen sperm of son who died in 2020 released, hospital says no guidelines exist

In June 2020, their son was diagnosed with cancer and other health problems. The patient was told by doctors that due to treatment, his capacity to produce sperm and its fertility level can deteriorate in future. The semen was subsequently preserved in the IVF lab at the hospital in June 2020. In September, he died.

The parents of the deceased approached the hospital in December 2020 for the release of the sperm sample as both of them “wanted to carry the legacy of their deceased son further”. However, the hospital refused to hand over the sample, while asking them to get a court order since no guideline exists for discharging the sperm to the legal heirs. The couple had been paying the charges for preserving the semen but the hospital refused to accept any payments after some time, alleges the plea.

Stating that the semen of the deceased is intact in its lab, the hospital, while citing a Calcutta High Court judgment, has said only a wife has a right and the parents have no right on the frozen sample of semen of their unmarried deceased son. However, the hospital has also undertaken to comply with the directions as may be issued by the appropriate authority to release the same.

“There are no ART laws nor legal procedure in the country to release frozen semen sample of unmarried male to parents/legal heirs,” reads the reply.

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