The Delhi High Court has ruled that there is no law prohibiting posthumous reproduction in India if the consent of the sperm or egg owner is proven. In a case where a deceased unmarried man had frozen his sperm before undergoing chemotherapy, the court ordered the hospital to release the sample to his parents for surrogacy. The court recognized the sperm sample as part of the individual’s biological material and stated that it constitutes property or an estate. The decision will be communicated to the Union health ministry to consider any necessary laws or guidelines. This is a unique case where a court order could potentially lead to the birth of a child, highlighting the complexities of reproductive rights.
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