Delhi HC Directs Release of Frozen Sperm for Surrogacy

New Delhi: The Delhi High Court has ordered Sir Ganga Ram Hospital to release the frozen sperm of a deceased man to his parents for surrogacy. Justice Prathiba M. Singh clarified that Indian law does not prohibit posthumous reproduction and emphasized the common practice of grandparents raising grandchildren in India. The court’s decision comes after the parents of the deceased, who died of cancer in September 2020, sought the sperm for reproduction. The hospital had previously declined to release it due to a lack of government instructions. However, the court ruled that while the sperm can be used for reproduction, it must not be utilized for commercial purposes.

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