Latest news with #AssistedReproductiveTechnology(Regulation)Act
India Today
a day ago
- Health
- India Today
Court orders preservation of dead man's semen as mother seeks it for lineage
The Bombay High Court has directed a Mumbai-based fertility centre to preserve the frozen semen of a 21-year-old cancer patient who died earlier this year, after his mother approached the court seeking to use it to continue the family's mother, a resident of Santacruz in Mumbai, told the court that her son had been diagnosed with Ewing sarcoma — a rare form of bone and soft tissue cancer. Before starting chemotherapy, his oncologist advised the family to freeze his semen as the aggressive treatment could affect his to the mother's petition, the family was confident the young man would recover, but were unaware that he had independently signed a consent form instructing the fertility centre to destroy his semen if he did not survive. The family, which now comprises only women following the deaths of the father and uncle, said the son was the sole male heir. The 21-year-old passed away on February 16 this year. Amid their bereavement, the family requested the fertility centre to transfer the preserved semen to a facility in Gujarat for further medical advice. However, the centre refused without a legal directive, citing the man's signed with no other option, the mother wrote to various government offices but received no response. She then filed a petition in the Bombay High plea came up before Justice Manish Pitale, who observed that the matter raises significant questions about how semen or gametes should be handled after the donor's death under the Assisted Reproductive Technology (Regulation) Act, 2021, and its rules. "This becomes particularly significant in the present case, for the reason that the deceased, being the son of the petitioner, was unmarried at the time of his death," Justice Pitale for the Union of India, Advocate Yashodeep Deshmukh referred to a pre-ART Act judgement of the Delhi High Court, where frozen semen was handed over to the parents of a person. However, he pointed out that unlike that case, the young man here had explicitly opted for disposal of his samples after his court also took note that in the Delhi High Court judgement, directions had been issued to the Ministry of Health and Family Welfare to consider framing appropriate laws or guidelines for posthumous sought time to verify whether any such guidelines now exist under the ART to ensure that the mother's plea does not become futile, the Bombay High Court ordered the fertility centre to preserve the frozen semen until the matter is decided.- EndsMust Watch
NDTV
2 days ago
- Health
- NDTV
Woman Wants To Access Dead Son's 'Frozen Semen'. Bombay High Court Steps In
Mumbai: The Bombay High Court, in an interim order, has directed a city-based fertility centre to preserve the frozen semen of a dead man pending hearing of a petition by his mother who wants to use the fluid to continue the family line. The woman moved the HC after the fertility centre refused to release the frozen semen to her as the man, in his consent forms, had sought for the sperm carrying fluid to be discarded post-death. The man had chosen to freeze his semen when he was undergoing chemotherapy, a cancer treatment. A bench of Justice Manish Pitale on June 25 noted that if the frozen semen of the dead man is discarded pending hearing of the plea, then it would become infructuous. The court posted the petition for further hearing on July 30. "In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the dead, during pendency of the petition," the court ordered. The bench noted that the petition raises important questions with regard to the manner in which the semen of a person is to be preserved after his death under provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. The court pointed out that in the present case, the man was unmarried at the time of his death in February. The woman, in her plea, argued her son had, without consulting family members, in his consent forms agreed to have the frozen semen discarded if he dies. After his death, the mother sought the Mumbai-based fertility centre to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action. The fertility centre, however, refused and asked the mother to obtain authorization from court under the new Act, which seeks to regulate and supervise assisted reproductive technology (ART) clinics. The legislation also aims to ensure ethical practices, prevent misuse, and protect the rights of individuals seeking ART services.
Time of India
05-06-2025
- Health
- Time of India
HC allows 49-yr-old woman to undergo fertility procedure
Hyderabad: Justice K Sujana of the Telangana High Court has directed the National Assisted Reproductive Technology and Surrogacy Board, along with other authorities, to immediately permit a 49-year-old woman to undergo follicle retrieval and storage as part of her fertility treatment, despite restrictions imposed by the Assisted Reproductive Technology (Regulation) Act, 2021. Tired of too many ads? go ad free now Follicle retrieval involves extracting eggs from a woman's ovaries, which can later be used in in-vitro fertilisation (IVF) or other fertility procedures. The interim order was issued while hearing a writ petition filed by Voleti Sri Lakshmi, who challenged the authorities' refusal to allow her treatment. Officials had cited section 21(g) of the Act, which prohibits assisted reproductive procedures for women aged 50 and above. With her 50th birthday just two days away, the petitioner approached the court on an urgent basis. Lakshmi argued that the authorities' inaction—including their failure to respond to her representation for over a month—was arbitrary, illegal, and in violation of her fundamental right to reproductive autonomy under Article 21 of the Constitution. Taking a serious view of the delay, Justice Sujana criticised the officials for not acting in a time-sensitive matter, especially when the petitioner was still legally eligible. The judge held that denying her access to timely treatment was unjust and unsustainable. Accordingly, the court directed the authorities to proceed with the follicle retrieval and storage without applying the age bar under section 21(g), thereby preserving the petitioner's reproductive options before she crosses the statutory threshold. The case will next be heard on June 16.
