In a shocking twist, the Delhi High Court has granted an Indian couple permission to use their late son’s frozen sperm for surrogacy, following a four-year legal battle.
Harbir Kaur and Gurvinder Singh, both in their 60s, had been fighting to access their son Preet Inder Singh’s sperm, which was frozen before his death from Non-Hodgkin’s Lymphoma in 2020. The couple wishes to continue their son’s legacy and fulfill his dream of having children.
Preet Inder, 30, had stored his semen at Ganga Ram Hospital in Delhi before undergoing chemotherapy. After his passing, his parents sought access to the sperm but were denied by the hospital, prompting them to file a petition with the Delhi High Court.
Justice Prathiba Singh ruled in favor of the couple, stating that Indian law allows posthumous reproduction if consent has been given by the sperm donor. As Preet Inder’s legal heirs under the Hindu Succession Act, his parents are entitled to access the sperm.
The couple plans to use a relative as a surrogate, adhering to Indian law, which prohibits commercial surrogacy. Their daughters have also pledged to care for the child in the event of their parents’ passing.
“We were very unlucky; we lost our son. But the court has given us a very precious gift. We would now be able to get our son back,” Harbir Kaur told the BBC.
This case is not without precedent. Lawyer Suruchii Aggarwal noted that the ruling reinforces the rights of parents as legal heirs under Indian law.