Only wife can claim dead husband’s sperm: Calcutta HC – About Your Online Magazine


  • | Friday | January 22, 2021

In a historic trial, the Calcutta High Court ruled that only the widow has a claim on a dead man’s sperm, refusing an appeal from a father to receive his only son’s sperm preserved in a Delhi sperm bank.

In a historic trial, the Calcutta High Court ruled that only the widow has a claim on a dead man’s sperm, refusing an appeal from a father to receive his only son’s sperm preserved in a Delhi sperm bank.

The father moved the upper court in March 2020, saying that his daughter-in-law not only refused to give them permission to obtain sperm, but also refused to acknowledge his appeals. The father feared that if the sperm were destroyed, or not used, during the period of agreement with the hospital sperm bank, “they would lose the clan”.

Judge Sabyasachi Bhattacharyya, in his three-page order on January 19, said: “The petitioner has no fundamental right to such permission, merely by virtue of his parent-child relationship with the deceased.”

The HC said that the sperm preserved in the hospital in Delhi “belonged to the deceased” and, as he was married when he died, “the only other person, besides the deceased, entitled to him 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 to the offspring of his son. As such, the petitioner’s right to himself is illusory and non-existent. “


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Paula Fonseca