In a groundbreaking legal case, an Indian couple has won a legal battle for their deceased son’s sperm to fulfill their dream of continuing their son’s legacy through surrogacy. The Delhi High Court ruled in favor of Harbir Kaur and Gurvinder Singh, allowing them to use the frozen sperm of their late son, Preet Inder Singh, for surrogacy after the hospital initially refused access to the sample.
Preet, who passed away from Non-Hodgkin’s Lymphoma in 2020, had stored his sperm before starting chemotherapy, as advised by the hospital. When the couple sought to retrieve the sperm after his death, the hospital denied their request, leading to a four-year legal struggle. The court’s decision was based on the Hindu Succession Act, which recognized the parents as the legal heirs to their son’s sperm due to his unmarried status.
The couple expressed deep gratitude for the court’s decision, viewing it as a way to honor and continue their son’s legacy. While commercial surrogacy is prohibited in India, the couple plans to pursue surrogacy within their family, with a relative volunteering to carry the child.
The legal battle for their deceased son’s sperm has set a significant precedent for posthumous reproduction in India, reaffirming the rights of legal heirs in such cases.
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