Centre moves Delhi HC against order permitting posthumous reproduction
The Central Government has moved the Delhi High Court challenging an order directing a private hospital to release frozen gametes of an unmarried deceased man to his parents. A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia issued notice to the parents on Centre’s appeal assailing the 2024 verdict of a single judge which held that there was no prohibition against posthumous reproduction if the consent of the sperm or egg owner could be demonstrated.
In its order passed on January 29, the bench listed the appeal for hearing on February 27. During the hearing, the Centre’s counsel said the single judge’s decision was in the teeth of the existing law on assisted reproduction and surrogacy.
She said the law did not provide for grandparents to become the “intending” couple for the purpose of IVF and surrogacy, which was being permitted by the single judge. On the court’s query, the counsel also informed that the deceased’s frozen gamete were yet to be released to his parents in spite of the single judge’s direction and a consequent contempt plea by the parents was also pending in the High Court. The High Court also asked the Centre to explain the delay of over a year in filing the appeal.
On October 4, 2024, the single judge directed Ganga Ram Hospital to release the frozen gametes of the deceased to his parents. The judge’s order came on a petition by the parents. The court had asked the Union Ministry of Health and Family Welfare to consider whether any law, enactment, or guidelines were required to address issues related to posthumous reproduction or post-mortal reproduction.
