The couple plans to become grandparents with the help of a surrogate – four years after the death of their child.
In India, a court has ordered that a couple can use the semen of their dead son to have grandchildren, reports BBC.
The couple’s son died of lymph node cancer in 2020. When the son got sick, he was advised to deposit his gametes.
The unmarried 30-year-old man died soon after. The hospital did not agree to give gametes to the parents.
According to the hospital’s opinion, the gametes should have been given only to the spouse, not to the legal heir or the deceased’s parents.
The Indian government opposed the petition, arguing that the country’s surrogacy legislation was created to help childless couples or women, not people who want grandchildren.
Indian law does not allow surrogacy for singles.
The parents are about 60 years old. After a four-year legal battle, the Delhi High Court ordered that the court should release the frozen gametes to the parents.
Indian law does not prevent the use of semen after death if the donor has consented to the use of gametes.
A relative of the family has promised to be a surrogate.