Bombay High Court Directs Preservation of Deceased Son’s Frozen Semen Amid Mother’s Plea

The Bombay High Court ordered Nova IVF Fertility Centre in Mumbai to preserve the frozen semen of a 21-year-old man who died of cancer, following his mother's petition seeking to use it to continue their family lineage.

Although the man had selected “discard after death” in the consent form under the Assisted Reproductive Technology (Regulation) Act, 2021, the court acknowledged his submission may not have been fully informed.

The mother argued that he had chosen that by default, without family consultation. She quoted his dying wish to have children who'd care for his mother.

Justice Manish Pitale passed an interim order on June 25, mandating safe storage of the sample until the next hearing on July 30.