Mother Seeks Access To Dead Son's Semen; Bombay HC Orders Fertility Centre To Preserve Sample

Last Updated:June 27, 2025, 18:19 IST

According to the facility centre, the man had signed a consent form, stating that the sample should be discarded after his death

The mother approached the High Court after the fertility centre refused to release the semen. (Image: Shutterstock)

The Bombay High Court has ordered a Mumbai-based fertility centre to preserve the frozen semen of an unmarried man who passed away earlier this year. The order came after the man’s mother filed a petition seeking access to the sample to continue the family line.

The mother approached the High Court after the fertility centre refused to release the semen.

According to the fertility centre, the man had signed a consent form during his cancer treatment, stating that the sample should be discarded after his death. The semen had been frozen while he was undergoing chemotherapy.

In an interim order issued on June 25, a bench led by Justice Manish Pitale observed that discarding the sample before hearing the petition would make the matter pointless.

The court therefore asked the fertility centre to ensure the safe storage of the sample till the next hearing, scheduled for 30 July.

“In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the deceased, during pendency of the petition," the court ordered.

The bench noted that the petition raises important questions with regard to the manner in which the semen of a person is to be preserved after his death under provisions of the Assisted Reproductive Technology (Regulation) Act, 2021.

The court pointed out that in the present case, the man was unmarried at the time of his death in February.

The woman, in her plea, argued her son had, without consulting family members, in his consent forms agreed to have the frozen semen discarded if he dies.

After his death, the mother sought the Mumbai-based fertility centre to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action.

The fertility centre, however, refused and asked the mother to obtain authorization from court under the new Act, which seeks to regulate and supervise assisted reproductive technology (ART) clinics. The legislation also aims to ensure ethical practices, prevent misuse, and protect the rights of individuals seeking ART services.

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