Sometimes, such cases come in the Courts, that matter doesn’t have any law, therefore, whose decisions come which are implemented in the whole country. A similar case has come up in the Delhi High Court and this High Court has to decide that, “Who should ger unmarried Man’s Semen Sample after his death?”. Let me tell you that there is a difference between sperm and semen, I will explain you below.
Suppose the question is that if someone’s Semen sample is preserved and that person dies, then who will be entitled to his semen. Will there be a family or can doctors use it? Or will it have to be destroyed? So here a case has come up in the Delhi High Court where the court has to decide who will have the right over dead man’s Semen?
No law to release unmarried deceased male’s frozen semen sample to parents, legal heirs: Delhi High Court told – This is the news of The Times Of India.
WHAT HAS HAPPENED?
In the absence of legal clarity, the Delhi High Court has sought responses from the Union and Delhi governments in the matter, After a hospital in the national capital refused to return the frozen semen sample of a deceased cancer patient to his family.
SPERM VS SEMEN
Sperm is a microscopic cell that is a part of the semen. The job of the sperm is to fertilize the egg inside a woman’s body. To get there they are carried by fluids, which are produced by different male Xex organs. All these components make up semen.
Sperm contains vitamin B12, vitamin C, calcium, ascorbic acid, citric canid, lactic acid, fructose, zinc, magnesium, potassium, fat, sodium, and many different proteins. But the quantity of these nutrients is actually very tiny.
HOW DID THE CASE COME TO THE COURT?
The parents of the deceased had moved to the high court in December last year After authorities of Delhi’s Sir Ganga Ram Hospital refused to give them the frozen semen sample of their son, which they may use to continue the family line.
WHAT DOES THE HOSPITAL TELL?
There is no law, policy, or legal procedure in our country to decide as to who should be handed over the semen sample of an unmarried deceased man, The hospital told the high court while opposing a plea to handover the sperm samples to the family of a 30 – year – old cancer patient who died in September 2020.
The hospital has said that the Assisted Reproductive Technology ( ART ) Act, ICMR guidelines, Surrogacy Bill / Act, Are ” silent ” about the legal heirs of the unmarried deceased man to whom the frozen semen sample is to be released.
The hospital has said that in absence of any guidelines, regulations, and directions on this issue of disposal and utilization of semen samples of an unmarried person, They are unable to make final disposal of the frozen semen sample of the deceased. It sought that the court may pass appropriate orders considering the current scenario.
WHAT THE FAMILY SAYS?
Jaw Sefalu 202 The samples were frozen after the deceased’s family, during the treatment in June 2020, was informed by the doctors that the chemotherapy may make their son infertile. In their plea filed through advocate Kuldeep Singh, the parents have said that following the demise of their son, they are the “sole claimants” over his remaining ” bodily assets” and as such, the hospital’s action of denying them access to the semen sample is a violation of their rights.
While raising objections to the plea, the hospital has said that even the recent Gazette of India, Ministry of Law and Justice, in the ART regulation Act, 2021 does not mention the issue. raised in the petition.
Assisted Reproductive Technology (Regulation) Act, 2021 on December 18, 2021.
The Parliament passed the Assisted Reproductive Technology (Regulation) Act, 2021 on December 18, 2021. Key features of the Act are: … Under the Act, every assisted reproductive technology (ART) clinic and bank must be registered under the National Registry of Banks and Clinics of India.
” … the sample is still kept cryopreserved at the center of Sir Ganga Ram Hospital and it is not in a position to release the semen sample to the parents in the absence of any guidelines, “ Said the hospital’s reply filed before justice V Kameswar Rao.
WHAT IF THE SON WAS MARRIED?
It has clarity because, The hospital stated that according to a decision of the Calcutta High Court, 2005, ” Only a wife has a right “ over the frozen sample of their unmarried deceased son.
In the petition, the petitioners (Parents of the dead man) said that being the only surviving heirs of their son who died at the age of 30 years, they have the foremost right over his bodily remains. The purpose of obtaining the sperm of the deceased is to continue the legacy of their dead son, they stated.