Delhi HC seeks Centre's response on plea by parents seeking release of deceased son's sperm from hospital
Nov 23, 2022
New Delhi [India], November 23 : The Delhi High Court on Wednesday issued a notice to the Ministry of Health and Family Welfare and sought its response on a plea seeking the release of a dead man's sperm from a hospital. The plea was moved by the parents of the deceased.
The petitioner has sought direction for the release of the frozen sperm of their son kept in the In Vitro Fertilisation (IVF) lab in Delhi's Sir Ganga Ram Hospital. Their son died of cancer in September 2020. They had approached the hospital but it refused to release it stating that there are no instructions from the government. It can release the same on the direction of the court.
Justice Yashwant Varma issued notice to the ministry after impleading it. The matter has been listed for January 2023.
Earlier, the court had issued notice to the Delhi government and Sir Ganga Ram Hospital. The hospital filed a report stating that there are no Assisted Reproductive Technology (ATR) laws related to the release of frozen semen samples to his family.
It was also submitted that the related ICMR guidelines and Surrogacy Act are also silent on this issue.
While issuing notice to the Centre observed that the government's view is important on the matter as the decision of the court would have an impact on the ART (Regulations) Act.
