Allow Cookies!
By using our website, you agree to the use of cookies
On Tuesday, the Calcutta High Court ruled that no fundamental right has been granted to a father to collect his deceased son’s preserved sperm just because of his parental relationship with the son. The court ruled that the first right over the sperm would be with his wife. Stating that the right that has been asked by the petitioner is “illusionary and non-existent”, the court stated, “the father-son relationship of the petitioner and the deceased does not entail any such right of the petitioner to the progeny of his son.”
The case involves a man who came before the court asking for the sperm of his deceased son that were preserved during his lifetime as he was a Thalassaemia patient. It is important to note that he was married. The hospital at which the sperm was preserved, told the petitioner that the usage of the sperm can only be done with the permission of the wife of the donor.
The case was decided by a single-judge bench of the High Court comprising of Justice Sabyasachi Bhattacharyya.
“As far as the alleged right of the petitioner to collect such preserved sperm of his son, contrary to the arguments advanced by counsel, the petitioner does not have any ‘fundamental right’ to such permission, merely by dint of his father-son relationship with the deceased” the court said.
One of the prayers of the petition was that the wife is directed to give a no-objection statement to the release of the sperm. The court denied the prayer and said that it was beyond Court’s scope to give such a direction as there is no fundamental or statutory right violation in the case and the definition of State under Article 12 of the Constitution of India does not involve the Wife.
The Writ Petition was thus disposed of by the court.
86540
103860
630
114
59824