After the husband's death, whose rights over the sperm is the father's or wife's, Calcutta High Court gave its verdict

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The Calcutta High Court has rejected the father's claim on the deposited sperm of the deceased son. The High Court ruled that only his wife had the right to receive the sperm other than the deceased. Justice Sabyasachi Bhattacharya said that the petitioner has no fundamental right to keep his son's protected sperm.


Counsel for the petitioner stated that his son's widow should be directed for no objection in this case, if not otherwise, he should at least respond to her request. However, the court rejected the lawyer's request.


The court said that the sperm kept in a hospital in Delhi belonged to the deceased and as both of them were in a marital relationship till death, these sperm would have the right of the deceased besides his wife. The petitioner argued that his son was a patient of Thalassemia.


The deceased had kept his sperm in a hospital in Delhi for future use. According to the lawyer, after the death of his son, the petitioner approached the Delhi hospital to get the sperm of the deceased. After this, the hospital informed them that for this they would have to take permission from the wife of the deceased and provide proof of marriage.

Let me tell you that for the first time in the country in 2009, an Indian woman got child happiness due to the sperm of the late husband. After the husband's death, a woman named Pooja became pregnant for two years and gave birth to a boy. Pooja conceived with the help of her husband's preserved sperms of Rajiv.

In 2006, Pooja's husband died. Two years later, Pooja came to know that her husband had preserved his sperm in a hospital. Pooja contacted the doctors and the lawyers took legal advice in this regard. After this, Dr. Vaidyanath started the treatment of Pooja and she became pregnant.