In a groundbreaking judgment by Justice Prathiba M. Singh of the Delhi High Court on October 4, 2024, the parents of the late Preet Inder Singh, Gurvinder Singh and Harbir Kaur, were granted permission to retrieve their son's cryopreserved semen from Sir Ganga Ram Hospital. This decision, despite the absence of explicit written consent from Preet, brings to the forefront critical discussions about reproductive rights and personal autonomy.
Preet, who passed away at 30 after battling Non-Hodgkin's Lymphoma, had stored his semen in June 2020 before undergoing chemotherapy. His parents sought to use it to fulfill his legacy by having a grandchild through surrogacy, but the hospital refused to release the sample without legal authorization.
The core legal question was whether Preet’s semen could be released without his written consent for posthumous reproduction. The petitioners argued that while no such consent existed, his intent to preserve his semen for future procreation was clear. They cited their fundamental right to reproductive choice under Article 21 of the Indian Constitution, stating that continuing Preet's lineage was an extension of his reproductive autonomy.
The court, recognizing the complexities of the case, acknowledged gaps in the Assisted Reproductive Technology (ART) Act and Surrogacy (Regulation) Act, which did not address such posthumous situations. Justice Singh emphasized the need for the law to evolve with societal changes, ruling that in the absence of explicit prohibitions, the right to reproductive choice under Article 21 should prevail. She stated, "The death of an individual does not negate their right to reproductive autonomy."
This judgment not only granted the petitioners' wish to carry forward their son's legacy but also set a precedent for reproductive rights in India.
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