Ganga Ram Hospital stated in court that legally it can only disclose samples to spouses. They said there were no clear laws or guidelines regulating the disclosure of semen samples from deceased unmarried men to their parents or legal heirs.
The Indian government also opposed the couple’s petition, saying that India’s surrogacy law was intended to help infertile couples and women, not people who want to have grandchildren.
Authorities also pointed out that Preet Inder is unmarried – India’s Assisted Reproductive Technology (ART) Act 2021, external It prohibits an unmarried person from having a child through surrogacy, and argued that his parents did not automatically have the right to use the sperm because he failed to leave written or verbal consent to use the frozen sperm.
The couple’s lawyer, Ms Aggarwal, argued in court that while Preet Inder filled in the semen storage form, she clearly stated that it was for IVF.
She told the BBC that the form included the father and son’s mobile phone numbers, which indicated consent. She pointed out that her father paid the lab to preserve the samples.
She said the ART Act was introduced to stop the commercial use of surrogacy, regulate and supervise clinics, and not infringe on the personal freedoms of affected parents.
Justice Singh agreed with Mr Aggarwal’s argument that Preet Inder had consented to the use of her sperm for the purpose of having children.
“He was never married and never had a partner. He intended to use the specimen to produce children. “When he passes away, the parents are the heirs of the deceased and the semen sample is genetic material and constitutes property, so they have the right to disclose it.”
In these circumstances, the court said it could not bar the couple from accessing their son’s semen sample.
Ms Kaur said the court order gave her “a glimmer of hope and light” that she would be able to “bring my son back”.
“I have prayed every day to make all of my child’s unfulfilled wishes come true. It took four years, but my prayers were answered,” she adds.
