In a landmark ruling, the Delhi High Court has granted an Indian couple the right to use the frozen sperm of their deceased son, Preet Inder Singh, for surrogacy. This decision marks a significant development in the realm of posthumous reproduction in India, highlighting the evolving legal landscape surrounding surrogacy.
Surrogacy, a practice where a woman carries and delivers a child for another individual or couple, is increasingly viewed as a solution for those facing infertility or other reproductive challenges. The ruling follows a prolonged legal battle after Ganga Ram Hospital in Delhi refused to release the sperm stored in its fertility lab, leading to a four-year struggle for the grieving parents.
Preet Inder Singh, who passed away at the age of 30, had been diagnosed with Non-Hodgkin’s Lymphoma in June 2020. His parents, Harbir Kaur and Gurvinder Singh, took legal action in December 2020 after the hospital denied their request for the sperm, asserting their intention to continue their son’s legacy through surrogacy.
Upon hearing the case, Justice Prathiba Singh noted that Indian law does not prohibit posthumous reproduction if the sperm donor has provided consent. “As Preet was unmarried and had no children, his parents became his legal heirs under the Hindu Succession Act,” she stated, emphasizing their entitlement to the sperm.
Harbir Kaur expressed her profound relief and happiness following the court’s ruling. “We were very unlucky; we lost our son. But the court has given us a very precious gift. We would now be able to get our son back,” she shared with the BBC. This emotional response underscores the couple’s desire to honor their son’s memory.
Their lawyer, Suruchii Aggarwal, acknowledged the uniqueness of the case, stating that while it is rare, it is not without precedent in Indian jurisprudence. The couple intends to keep the surrogacy arrangement within the family, with a relative volunteering to serve as the surrogate, as commercial surrogacy remains illegal in India.
The couple assured the court that they would raise any child born through this process, and their two daughters have also pledged to care for the child if necessary. Harbir Kaur added, “He loved his sisters and was much loved by his friends. He is the screensaver on my phone. I start my day by looking at his face every morning,” highlighting the deep emotional ties that continue to connect them to their late son.
