Parents fight in court for semen sample of their dead son because they want grandchildren

Delhi (India) - An unusual case has been occupying the Supreme Court of Delhi (India) for four years: A married couple wanted to use the sperm of their dead son to have a grandchild. Now a verdict has been reached.

The Delhi High Court had to deal with the case for four years. (symbolic image)
The Delhi High Court had to deal with the case for four years. (symbolic image)  © 123rf/amlanmathur

30-year-old Preet Singh from India was unmarried and childless when he was diagnosed with non-Hodgkin's lymphoma - a type of blood cancer - in 2020, as reported bythe BBC.

Before treatment, he had a sperm sample frozen on medical advice, as chemotherapy can have a significant impact on fertility.

Unfortunately, he could not be helped and died just a few months later. After his death, his parents, Harbir Kaur and Gurvinder Singh, contacted the hospital where he was being treated.

They asked for their son's sperm sample, as they wanted a grandchild, but the hospital initially refused their request.

What happens to the semen sample in such a case is not clearly regulated in India. (symbolic image)
What happens to the semen sample in such a case is not clearly regulated in India. (symbolic image)  © 123rf/anamejia18

There was no clear legal basis for a curious case like this, so a long legal battle ensued. In the end, the judge, Prathiba Singh, ruled in favor of the parents.

The reasoning: Since the deceased had no wife or children, the parents were the rightful heirs. Furthermore, there is no law in India that prohibits procreation after death.

"We were very unfortunate, we lost our son. But the court has given us a very valuable gift. Now we could get our son back," explains the mother.

The couple are now planning to use the dead son's sperm for a surrogate mother. The surrogate mother is to be one of their daughters. "We will keep it in the family," says Kaur.