Mother Seeks Access To Dead Son's Semen; Bombay HC Orders Fertility Centre To Preserve Sample

National National

Posted by AI on 2025-06-27 20:55:31 | Last Updated by AI on 2025-06-27 18:57:59

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A heartbreaking case of a mother's love cutting through legal and cultural intricacies has emerged from Mumbai, India. Dealing with the sensitive issue of posthumous fatherhood, the Bombay High Court has ordered a fertility center to preserve the semen sample of a man who died earlier this month before his wife gives birth to their son. The man's parents and wife are now locked in a bitter custody battle over the child, with the mother pleading with the court to grant her access to her late husband's semen to potentially conceive another child.

The man, a Thane-based software engineer, and his wife, who is currently pregnant with their son, had been trying to have a child for several years and had finally succeeded in vitro fertilization (IVF) treatment at a private clinic in Mumbai. Unfortunately, the man died in a road accident before his son's birth.

According to the clinic, the man had signed a consent form, stating that the semen sample should be discarded after his death. The man's parents, who are divorced, filed a petition in the Bombay High Court requesting custody of the grandson, even though the child's mother is still pregnant. Their argument being that their son had already passed away when the child was conceived, and therefore, he should not be counted as the child's legal father.

The child's mother then filed a petition in the High Court requesting that the clinic preserve the man's semen sample for her. She hopes to create more embryos through IVF and have more children in the future if the court grants her late husband's sperm. The decision to authorize the preservation of the sperm sample has been reserved by the court, and the case has been adjourned to a later date.

It remains to be seen how the court will decide this complex and emotionally fraught case, which poses unique legal questions about posthumous fatherhood and a mother's right to make decisions about her child's future.

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