Delhi High Court directs post-mortem sperm retrieval from deceased man’s body [Read Order]

New Delhi: The Delhi High Court has issued a significant order allowing for Postmortem Sperm Retrieval (PMSR) from a man who died by suicide, marking an important development in reproductive rights and medical procedures.

Delhi High Court Ruling on Postmortem Sperm Retrieval: A Landmark Decision

Justice Sachin Datta delivered the directive while addressing a petition seeking the preservation of sperm from the deceased for potential future use in assisted reproductive therapy.

The court addressed the petition filed by the family members of Sumit @ Mannu, who passed away on January 22, 2025. The petitioners included his sister (Petitioner No. 1) and parents (Petitioner Nos. 2 and 3).

Legal Precedent Set for Assisted Reproductive Therapy Post-Suicide

Referring to previous jurisprudence, the court cited the case of Gurvinder Singh & Anr. vs. Government of NCT of Delhi and Ors. in W.P.(C) 15159/2021, which established that semen samples constitute property under Indian law, encompassing both tangible and intangible assets of the deceased’s estate.

The court observed, “Given the circumstances set out in the petition and considering that the PMSR procedure would be efficacious only if performed expeditiously, this Court accedes to the request of the petitioner to perform the procedure on the body of the deceased.”

In response to the respondent hospital’s submission about lacking necessary facilities, the court directed them to arrange for the procedure through another equipped hospital, at the petitioners’ risk and cost.
The court specifically ordered that “the retrieved sperm shall be preserved by the hospital where the procedure is performed, in accordance with standard procedures. The same shall be subject to further orders in the writ petition.”

The petitioners were represented by Mr. Raja Choudhary, Mr. Sanyam Jain, Mr. Japdeep Singh Chahal, Mr. Amit Kr. Diwakar, and Mr. Rahul Patel, while Mr. Anuj Aggarwal and Mr. Udit Malik appeared as ASC for GNCTD, along with their legal team. Mr. Vikrant N. Goyal represented the UOI.

Case Title: Heena & Ors. vs. The State of NCT of Delhi & Anr.

[Read Order]