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May 17, 2025 at 01:32 PM
🔆 Key Takeaways from "The Challenges of Posthumous Reproduction"
📍 Background Case:
✅ The Delhi High Court permitted the use of a deceased man’s frozen sperm for posthumous reproduction at his parents' request.
âś… The deceased had preserved his sperm while undergoing chemotherapy but passed away in 2020. His parents sought legal approval to use the sample.
📍 Legal Framework Gaps:
âś… The Assisted Reproductive Technology (ART) Regulation Act, 2021, and the Surrogacy Act, 2022, do not explicitly address cases involving posthumous reproduction.
âś… Existing laws regulate only married couples for infertility treatments and fail to consider scenarios involving unmarried individuals or posthumous usage.
📍 Ethical and Social Concerns:
âś… The categorization of genetic material like sperm as "property" raises ethical questions.
âś… Critics argue that such rulings commodify human life and reduce individuals to mere resources for reproduction.
📍 Judicial Perspective:
✅ The Court emphasized the need to consider the deceased’s legacy, parental wishes, and evolving reproductive technologies.
âś… International precedents highlight the importance of balancing personal rights with ethical implications.
📍 Policy and Regulatory Challenges:
âś… There are ambiguities in legal frameworks regarding guardianship, parental rights, and inheritance in cases of posthumous conception.
âś… A primary legal concern is determining the parentage of a child born using posthumous gametes.
📍 Need for Reforms:
âś… The case underscores the urgent need to revisit and update reproductive technology laws.
âś… Broader ethical guidelines should address the implications of posthumous reproduction while ensuring human dignity and social acceptance.
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