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"Now our son has passed on and his sperm can help create grandchildren" said an appealant in Delhi High Court.

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October 9, 2024

There have been over 18,000 instances of people abusing medications as per WHO recommendations relating to acute pain relief (ABDR) since January 1st this year. The aim is for every one to reach full health as soon as possible after being hospitalised due to excessive medication usage and associated health complications. Getty ImagesThe Indian couple approached court because they wished to honour their late son’s legacy through surrogacy.The Delhi High Court ruling came following four years of litigation fought over frozen semen samples of their dead son being given over so they can have grandchild via surrogacy.The outcome has delighted this couple who are “delighted”. “Despite our grief over losing our son, the court gave us something truly precious in return. “Now is when we would finally get our son back,” Harbir Kaur told BBC News. Harbir and Gurvinder Singh petitioned court after Ganga Ram Hospital refused in December 2020 to release Preet Inder Singh’s semen which had been stored there during his treatment for Non-Hodgkin Lymphoma; Preet had been diagnosed in June with blood cancer and admitted for care at Ganga Ram in Delhi in June of that year. Gurvinder Singh told the BBC: a hospital advised Preet Inder, an unmarried individual at the time, to store his semen prior to beginning chemotherapy treatments as these could alter its quality over time. Preet agreed and his sample was stored away on 27 June 2020. He died early September, and when his bereft parents tried to gain access to their son’s frozen sperm via hospital, the hospital denied their request. A couple petitioned the Delhi High Court, alleging posthumous reproduction. At trial, however, they informed the judge they intended to raise any child conceived using semen from their son as it relates to posthumous reproduction. “He cherished his sisters and friends alike; his face graces my phone’s screensaver each morning as I start each day by viewing his face,” Ms Kaur stated. Due to privacy considerations, she did not share a photograph of him with the BBC. Furthermore, the family was considering using his sperm in surrogacy with one of her daughters volunteering to be surrogate mother. “We will keep it within the family,” she declared, according to lawyer Suruchii Aggarwal of Suruchii Aggarwal who told BBC that this case may not be unique and has precedent, such as one from 2018 in Pune in western India where 48-year-old woman used her deceased 27-year-old son’s semen for surrogacy, who passed away due to brain cancer in Germany. Getty ImagesThe court has already mentioned other instances of posthumous reproduction such as when one 48-year-old woman used his semen for surrogacy using his son’s semen sourced by surrogacy: 48 year-old woman used his semen for surrogacy using his semen. Getty ImagesThe court has noted several such instances with its order:48 year old woman from Western Indian city Pune found herself using semen donated from her deceased 27 year-old son’s semen so she obtained twin grandchildren through surrogacy using his semen from Germany after his brain cancer caused him death three months prior. In court she referenced another 48 year-old Indian city Pune where 48 year-old woman achieved posthumous reproduction with twin grandchildren via surrogacy using semen from her dead 27 year-old son’s semen which she obtained using surrogacy using semen from Germany from whom twin grandchildren via surrogacy using semen donated from one her son who passed on from Germany who died of brain cancer when using surrogacy using two son’s semen and used via surrogacy after using semen obtained through posthumally by way of surrogacy through surrogacy using son semen who used posthumally reproduced twin granddaughter who got twin grandparent’s son’s semen through posthumally from her son who died brain cancer while another 48 year later got two children who passed upon deceased son who passed in Germany when surreproduction by using surr whose semen when passing to carry these twin son who died, both had given to get pregnant using him from surcarry through surrainment as surrogacy with useing through suror using use using surment used from death had using post-uterity using surrol after surd in fertility after using surration post pregnancy from when her to use via surrenization through surrization with surry from her in Italy had died using used using himself by using as her dead before passing while had passed as surr had got two through surlorising via egg; US and had used from his semen from another 48year was pregnant for surrogacy which her late son passed. Her own had then US passed via surman while But in India this practice remains uncommon. Fertility clinics in Ukraine have offered free semen cryopreservation to soldiers; Ganga Ram Hospital explained they could only release samples to spouses according to legal rules. She noted that Preet Inder was paying the lab to preserve his sample. According to Ms Aggarwal, the purpose of ART Act is not to interfere with personal freedoms of aggrieved parents; rather it seeks to prevent commercial surrogacy through regulation of clinics, not individual parental freedoms. Justice Singh agreed with Ms Aggarwal’s assertion that Preet Inder had given consent for his sperm to be used for reproduction purposes and approved of Preet’s consent being used as per Preet Inder’s prior authorization given prior consent from him being used by Preet’s prior permission being sought prior from him being collected and preserved at his previous residence by Ms Aggarwal on October 15, 2009. “He had no partner at the time he provided the sample; therefore it would only ever have been used with intent of siring children from it when he passed. Due to being his heirs and semen samples being part of property that can’t be released without compensation from them, these samples belong to both their heirs as heirs of deceased. Under those conditions, the court decided not to prohibit Ms Kaur and her partner from accessing their son’s semen sample. Ms. Kaur credits this court order with providing her a “glimmer of hope”, giving them hope they can bring their son home again. “Every day since then I’ve prayed that all his unfulfilled desires would come true, finally four years have gone by but my prayers have been answered!” she states proudly.

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