Sat Jun 28 00:03:00 UTC 2025: **News Article:**
**Bombay High Court Orders Preservation of Deceased Man’s Semen in Landmark Case**
**Mumbai, June 28, 2025:** The Bombay High Court has ordered the interim preservation of a deceased 21-year-old man’s frozen semen, potentially setting a crucial precedent regarding posthumous reproductive rights in India. Justice Manish Pitale is presiding over the petition filed by the man’s mother, which seeks access to the sample to continue the family lineage. The court acknowledged the “important questions” raised, particularly concerning the interpretation and application of the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act).
The case arose after a fertility clinic refused to release the semen sample to the mother, as the deceased son was unmarried and had not explicitly designated her as the recipient in his consent form.
The deceased had frozen his semen in 2023 before undergoing chemotherapy for Ewing Sarcoma, a form of cancer that affects the bones. According to his mother, her son was the sole legal heir and desired to continue the family line. She stated he expressed a dying wish to his aunt to have children via his sperm, to care for his mother and family. Her petition contends that the sperm constitutes property and that as parents, they are the legal heirs.
The Court has directed the clinic to ensure safe storage of the sample until further consideration on July 30, 2025, emphasizing the need to preserve the possibility of fulfilling the petition’s purpose. This case is of immense importance, as this would bring clarity to the rights of family members regarding the posthumous use of reproductive material under the existing ART Act.
First Piper 