In a landmark decision, the Delhi High Court has allowed the family of a deceased man, who recently died by suicide, to retrieve and preserve his sperm. The court’s order came in response to an urgent plea by the deceased’s kin, highlighting a sensitive intersection of law, ethics, and personal grief.
Justice Sachin Datta issued the directive on January 24, mandating a hospital identified as respondent number 2 in the case, to facilitate the postmortem sperm retrieval (PMSR) procedure. The hospital is to coordinate with another equipped facility to ensure the procedure is carried out promptly, bearing the risks and costs by the petitioner’s family.
This judicial approval was based on precedents treating a “semen sample” as a decedent’s property under Indian law, thus considering it part of the individual’s estate. The ruling emphasized the necessity for quick action as the effectiveness of sperm retrieval diminishes over time.
“The retrieval and preservation of the sperm are to be conducted at the family’s expense and initiative. The court sees this measure as necessary given the time-sensitive nature of the procedure,” Justice Datta noted in his ruling.
Furthermore, the court has extended an invitation for the Central and Delhi governments to voice their positions on the matter, setting the stage for a broader discussion on the implications of posthumous reproductive rights.
