Rights Of The Father Or The Widowed Wife Over The Deceased’s Sperm? Calcutta High Court Gives The Verdict
Kolkata, January 22, 2021: The Calcutta High Court turned down the claim made by a father on the sperm deposited by his deceased son. The court while delivering the verdict said that only his wife had the right to receive it except for the deceased. Justice Sabyasachi Bhattacharya said that the petitioner has no right to demand his son’s protected sperm.
Counsel for the petitioner stated that his son’s widow should be directed to give ‘no objection’ in the matter or at least respond to his request. The court, however, rejected the lawyer’s request.
The court said that the sperm kept in a hospital in Delhi belonged to the deceased and since he was in a marital relationship till death, only his wife other than the deceased has the right to it.
The petitioner contended that his son was a patient of Thalassemia and kept his sperm safe in a Delhi hospital for future use. According to the lawyer, the petitioner, after his son’s death, approached him to get his son’s sperm near the hospital. The hospital informed them that this would require permission from the deceased’s wife and proof of marriage.
It was the first time in India in 2009 that an Indian woman has received happiness by getting pregnant from the husband’s stored sperm in 2009, for the first time in India. Two years after her husband’s death, a woman named Pooja became pregnant and gave birth to a son in a hospital in Kolkata. Pooja conceived with the help of her late husband Rajiv’s sperm. The 2003 childless effort started artificial insemination. Earlier, Rajiv died in 2006.
Two years later, Pooja finds out that her husband’s sperm is safe in the sperm bank of the hospital. Pooja approached the doctor and then consulted the lawyers as well.
After this, Dr. Vaidyanath Chakraborty started the treatment of Pooja and she became pregnant. After becoming a mother, Pooja said, “I want to shout and tell the whole world that my husband has returned.”
