Calcutta High Court: Only wife has rights over her dead husband’s sperm

calcutta high court law insider in
calcutta high court law insider in

Tanvi Sinha

The Calcutta HC refused a father’s petition where he seeks the right to collect his dead son’s frozen sperm.

The strange request was put forward to Justice Sabyasachi Bhattacharya, who stated that the petitioner had no fundamental right that allowed him the son’s frozen sperm stating that the wife is the only one who had control of it.

January 19th, the HC dismissed the plea stating that the father-son relationship of the petitioner to the deceased does not ensure any kind of right that would guarantee the father such a request.

The deceased’s sperm was frozen and kept at the Delhi hospital for us in future, as he suffered from thalassemia and when the hospital denied the petitioner the rights to it, saying that the wife was the only one who could get access, the petitioner wrote to the wife to seek a no-objection.

However, the wife refused to respond. When the petitioner following the court’s rejection of his plea, prayed for the court to at least direct the wife of the deceased for some kind of response the court refused that as well

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