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If Married, Only Dead Man's Wife Has Right Over Preserved Sperm; Father Doesn't Have Any Right Over Son's Progeny: Calcutta High Court

Team SoOLEGAL 20 Jan 2021 4:18pm

If Married, Only Dead Man's Wife Has Right Over Preserved Sperm; Father Doesn't Have Any Right Over Son's Progeny: Calcutta High Court

On 19th January, 2021, Calcutta High Court while hearing a plea which was filed by the father of the deceased son asking permission to collect the preserved sperm of his deceased son without the permission of the dead man’s wife, had rejected the same by stating that, although there is an existence of father-son relationship, still the father does not have the fundamental right to such permission. 

Justice Sabyasachi Bhattacharya was hearing the petition which was filed by the father of the deceased son. The father had stated that, his son was a patient of Thalassaemia and he was also in a matrimonial relationship with the wife that is respondent number 4 at the time of his death. The father had stated that, his son, when he was alive, had stored his sperm at a hospital situated at Tis Hazari in New Delhi.

According to the petitioner, after the death of the son, the petitioner, being the father of his deceased son, had approached to the hospital for collecting the stored sperm. However, the hospital had refused to hand over the said sperm on the ground that the petitioner does not have the permission of the patient’s wife. The petitioner had requested his deceased son’s wife for a no-objection certificate for collecting the said sperm from the hospital, but the wife did not give any reply.

Based on the parent relationship between the plaintiff and the deceased, he declared his right to extract such sperm, irrespective of the consent of the deceased's wife. The Court had held that, as the deceased son at the time of his death was in a matrimonial relationship hence, only the wife has the full right to gain access to the sperm of her deceased husband.

As regards the issuing of orders to the deceased man's wife to respond to the petitioner's communication, the Court had observed that the same was beyond the jurisdiction of the writ court, since the matter does not entail any breach of constitutional or legislative rights, nor does the woman fall under the scope of 'State' as provided for in Article 12 of the Constitution of India.



Tagged: Calcutta High Court   fundamental right   Justice Sabyasachi Bhattacharya   Tis Hazari Court   Indian constitution   legislative rights  
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