The Delhi High Court recently provided interim relief to the family of a deceased man, allowing them to seek Postmortem Sperm Retrieval.

The bench, led by Justice Sachin Dutta, instructed, "The sperm retrieved shall be preserved by the hospital conducting the procedure, following standard protocols."

According to the facts of the case, Sumit, also known as Mannu, tragically took his own life on January 22, 2025. Following his death, his family, including his parents and sister, sought legal intervention to preserve his semen through Postmortem Sperm Retrieval (PMSR).

The court had held that a semen sample constituted property under Indian law. “It was observed by the Court that the term ‘property’ under Indian jurisprudence includes both tangible and intangible assets encompassing the estate of the deceased”, the court added. 

Given the urgency of the situation and the need for the Postmortem Sperm Retrieval (PMSR) procedure to be carried out promptly, the court issued a notice. The respondents, represented by Additional Standing Counsel Anuj Aggarwal, acknowledged the notice. After considering the submissions of the petitioner's counsel, the court authorized the PMSR procedure on the deceased’s body.

However, the counsel for the hospital, Respondent No. 2, informed the court that it lacked the necessary facilities to perform the procedure. As a result, following the petitioners' counsel Advocate Raja Choudhary’s request, the court directed that the procedure be conducted at another facility equipped for PMSR. The petitioners were to bear the costs and risks associated with this arrangement. Furthermore, the retrieved sperm was to be preserved according to standard medical protocols until further orders in the writ petition.

The court emphasized that its directive was issued due to the urgent nature of the petitioners' request. The next hearing was scheduled for July 8, 2025.