Dead man's mom in Mumbai wants his frozen semen to 'continue family line'

The deceased man, who was unmarried and undergoing chemotherapy, had decided to freeze his semen before starting cancer treatment.

A unique legal battle is brewing in Mumbai, involving a mother’s unexpected quest to become a grandmother, using her dead son’s frozen sperm.

The man's consent form, he clearly stated that the sperm should be discarded if he died. (Representational Image)

The man, who was unmarried and undergoing chemotherapy, had decided to freeze his semen before starting cancer treatment. But in his consent form, he clearly stated that the sperm should be discarded if he died.

Fast forward to earlier this year: the man passed away, and his grieving mother, hoping to continue the family lineage, approached the fertility centre where the sample was stored, news agency PTI reported.

She requested they release the frozen semen so she could transfer it to an IVF centre in Gujarat for possible use in assisted reproduction.

But there was a catch, the clinic refused. They cited the man’s own instructions to discard the sample posthumously and pointed to the Assisted Reproductive Technology (Regulation) Act, 2021, which mandates court approval in such cases to avoid ethical and legal complications, the report added.

Mother moves court

Determined, the mother took the matter to the Bombay High Court, arguing that her son had signed the consent form without discussing it with his family. She believes the sperm shouldn't be discarded and deserves a second chance, possibly one that includes grandkids.

In response, the court stepped in with an interim order on June 25, directing the fertility centre to preserve the frozen semen until the matter is heard in full on July 30.

The judge also noted that the case raises important questions under the ART law, particularly around what happens to preserved genetic material after someone dies.

(With PTI inputs)