This is an archive article published on October 12, 2024

Delhi High Court allows 60-year-old couple to use their deceased son’s sperm for surrogacy; can semen be stored for long?

Dr Gupta said that the timing of the procedure and the condition of the body matter to determine the quality of the sperm in the semen

spermHere's what to consider (Source: Getty Images/Thinkstock)
3 min readNew DelhiOct 12, 2024 07:38 PM IST First published on: Oct 12, 2024 at 02:25 PM IST

In a landmark judgment, the Delhi High Court has granted a 60-year-old couple the right to use the frozen sperm of their deceased son for surrogacy, following a four-year legal battle. The couple’s 30-year-old son, diagnosed with Non-Hodgkin’s Lymphoma in June 2020, passed away in September that same year. Before beginning treatment, which could have impacted his fertility, his sperm was preserved at a Delhi hospital. However, after his death, the hospital refused to release the sperm, leading to the legal proceedings.

Let us understand from a fertility expert about the viability and long-term storage of sperm. According to Dr Shobha Gupta, medical director and IVF specialist at Mother’s Lap IVF Centre in New Delhi and Vrindavan, it is indeed possible to store semen for extended periods. “This procedure is commonly pursued when individuals wish to preserve their fertility before undergoing treatments for certain medical conditions,” she said.

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Dr Gupta said that viability of sperm decreases rapidly due to factors like temperature, decomposition, and the health of the individual before death. “Semen can be stored indefinitely through cryopreservation at -196°C in liquid nitrogen, ensuring long-term viability. Even sperm stored for over 20 years has resulted in successful pregnancies,” said Dr Gupta.

For short-term use, sperm can be refrigerated at 4°C, but it remains viable for only up to five days, noted Dr Gupta. “Experimental methods like air-dried or lyophilised sperm offer limited room-temperature storage for months to a few years but are less reliable. Cryopreservation is the preferred method for preserving semen collected before medical treatments or death, ensuring it remains usable for future reproductive purposes, provided all necessary consents and legal protocols are followed,” said Dr Gupta.

Moreover, medical advancements now allow for sperm to be extracted post-mortem, primarily through techniques like electroejaculation or testicular extraction. “These methods require specialised medical expertise and equipment, making it essential for the procedure to be carried out in a clinical setting,” she said.

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doctor Here’s what to understand about semen storage (Source: Getty Images/Thinkstock)

The timing and condition of the body are critical in determining sperm quality.

Dr Gupta said, “The success of sperm retrieval depends largely on the viability of the sperm at the time of extraction. While it’s possible to retrieve sperm post-mortem, the outcome is not always guaranteed. Legal and ethical considerations, including family consent, are also crucial factors in this process.”

DISCLAIMER: This article is based on information from the public domain and/or the experts we spoke to. Always consult your health practitioner before starting any routine.

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