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Only the widow, not the father, has the right to the sperm of a dead: Calcutta high court | India News


KOLKATA: Only a widow is entitled to her dead husband’s sperm, the Calcutta high court ruled, rejecting an appeal by a father to give him the sperm of his only son, which is kept in a Delhi sperm bank.
The father had moved to the superior court in March 2020 saying that his daughter-in-law not only refused to give them her consent to obtain the sperm, but also refused to acknowledge his pleas. The father feared that if the sperm were destroyed or not used during the period according to the hospital’s sperm bank, his family would “lose their clan.”
The HC said that the sperm kept in the Delhi hospital “belonged to the deceased” and, since he was married when he died, “the only other person, apart from the deceased, who is entitled to it is his wife.” The court added that “the father-son relationship of the petitioner and the deceased does not imply any right of the petitioner over the progeny of his son.”
The hospital wrote to the father in 2019 saying that “the additional use of sperm, that is, to provide a pregnancy to the donor’s wife, donation to another person or discard, can be decided only with the permission of the patient’s wife “, and that proof of marriage was required. His son died in 2018.

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