Delhi High Court Approves Posthumous Reproduction in Landmark Ruling

The Delhi High Court ruled that posthumous reproduction is legal with the consent of the deceased's gamete owner. In a landmark judgment, the court directed a hospital to release a deceased man's frozen sperm to his parents, enabling them to continue their son's legacy despite ethical and legal debates surrounding the matter.

The Delhi High Court has ruled that posthumous reproduction is permissible, provided consent from the deceased gamete owner can be demonstrated. This unprecedented ruling came as the court directed a private hospital to release the frozen sperm of a deceased man to his parents, allowing them to pursue surrogacy.

Critically, the court highlighted that there is no legal prohibition on posthumous reproduction in India. The judgment underscored the necessity for legal clarity, urging the Ministry of Health and Family Welfare to consider drafting specific guidelines for such instances, as existing laws are silent on the issue.

This decision marks a significant moment for reproductive rights, confronting ethical and moral dilemmas. The court noted that grandparents often play central roles in raising grandchildren in India, emphasizing cultural acceptance of such family structures. The ruling ensures that the semen, regarded as part of the deceased's estate, is not used commercially.

(With inputs from agencies.)