Can Frozen Sperm Be Inherited? In Delhi HC, Centre Questions Parents' Access To Dead Son's Semen

Last Updated:February 01, 2026, 10:31 IST

The original decision in October 2024 directed Sir Ganga Ram Hospital to hand over the preserved semen of a man who froze it before succumbing to a terminal illness

The Centre, in urging the court to revisit that order, has argued that the judge incorrectly expanded statutory definitions by creating a new beneficiary category of “intending grandparents”. (PTI)

The Union health ministry, in a rare and legally sensitive dispute, has moved the Delhi High Court to overturn a 2024 ruling that would allow parents to obtain the frozen semen of their deceased unmarried son for use in surrogacy.

The appeal raises questions about whether judges can designate new classes of beneficiaries, such as grandparents, and whether human reproductive material like frozen sperm can be treated as inheritable property under Indian law, the Times of India reported.

The original decision, handed down by a single-judge bench in October 2024, directed Sir Ganga Ram Hospital to hand over the preserved semen of a young man who froze it before succumbing to a terminal illness, after determining there is no bar under current law on posthumous reproduction if consent is demonstrable.

According to the TOI report, the Centre, in urging the court to revisit that order, has argued that the judge incorrectly expanded statutory definitions by creating a new beneficiary category of “intending grandparents" and treating the sperm sample as property that can devolve automatically to legal heirs. The government also pointed out that the deceased, being unmarried, left no written indication that he wanted his preserved semen used after his death, a key distinction from foreign cases cited in the 2024 judgment.

It was further argued that allowing grandparents to use the sample to conceive a child would create legal complications, as existing laws such as the Assisted Reproductive Technology (ART) Act and the Surrogacy Regulation Act limit eligibility to specific categories, typically married or intending couples, and do not recognise parents as eligible parties under their definitions.

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia has pressed the government to explain the delay in filing its appeal and is yet to decide whether to hear the case. Until then, the earlier order directing the release of the frozen sperm remains under legal scrutiny.

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