The Delhi High Court gave a judgment last week that could become a landmark judgment for years to come. The judgment from last week paved the way for posthumous reproduction in India. The Delhi High Court allowed the parents of a deceased 30-year-old man to access his frozen sperm so they could have a grandchild through surrogacy. The court in its judgment directed Delhi's Sir Ganga Ram Hospital to hand over the frozen semen sample stored in their facility in its fertility lab to the parents. The court ruled that it "constitutes property and the parents are the legal heirs of their deceased son."The Case StudyThe deceased son had frozen his sperm 4 years ago before he started his treatment for Non-Hodgkin lymphoma. It is a type of blood cancer that affects the white blood cells called lymphocytes in the lymph systems. Men, who are experiencing this condition may also have fewer sperm in their semen, as it can lower the sperm count, vitality and volume. However, after his death, the hospital denied his parents the access to his frozen sperm. When the subject was taken to court, Justice Pratibha M Singh ruled, "Under the prevailing Indian law, there is no prohibition against posthumous reproduction if the consent of the sperm owner or egg owner can be demonstrated." It was also noted that the current Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, were insufficient to deal with the case.What Is Posthumous Reproduction?It includes techniques like in vitro fertilization and cryopreservation of gametes (eggs or sperms) and embryos, which are intended to address an innate human drive - the desire to reproduce. Conception by artificial insemination using cryopreserved sperm has been available since the 1950s. One of the first uses was to offer males in high-risk professions like soldiers an option to father their children in case of a life-threatening injury or death. It uses assisted reproductive technologies (ART) to create pregnancy and child after the death of a genetic parent whereas it uses the preserved gametes to conceive a child after the biological parent has deceased. Dr Sushma Pampanawar, Gynecologist and Member of Doctube, based in Bengaluru, explains how in vitro fertilization (IVF) helps in posthumous reproduction. "It is a key technique in this process, as it allows doctors to fertilize an egg with the stored sperm (or vice versa) in a lab, and then implant the embryo into a uterus for pregnancy."What Should One Keep In Mind While Freezing Their Eggs Or Sperms?The doctor explains that when freezing sperm or eggs, one should consider factors like age, as egg quality declines with age, health, long-term family planning goals, and the likelihood of needing the material later (e.g., before medical treatments like chemotherapy). Talking about the expenses, Dr Pampanawar says, "The cost-effectiveness varies, as it typically involves an upfront cost for the retrieval and freezing procedure, plus annual storage fees. Costs can range from a few thousand dollars for the initial procedure to ongoing maintenance fees, making it an investment in future fertility."The success rate for conception using frozen eggs or sperm depends on factors like the individual’s age at the time of freezing and overall reproductive health. "For frozen eggs, the success rate ranges from 20-40% per IVF cycle, while frozen sperm typically has a higher success rate, often similar to fresh sperm, depending on the quality and the IVF procedure used," says the doctor.Where All Is It Legalised?In the US, the posthumous reproduction rules vary. The Supreme Court of New York and the Court of Appeal, California also allowed it under certain cases. The American Society for Reproductive Medicine also has ethical guidelines allowing its practice only if the deceased gives consent. In the UK, posthumous reproduction is allowed only with written and signed consent. In Canada, the spouse is the only heir in case there is no will by the deceased person. In Australia, there are certain conditions that allows the posthumous reproduction and is governed by the Human Tissue Act 1982. In Germany, posthumous reproduction is prohibited and also entails punishment of up to three years or a fine. In France, it is allowed for married couples with fertility issues and unmarried couples are excluded. In Pakistan, it is prohibited under Islamic law, as death ends any marital bond. In Switzerland, the Swiss Federal Act on Medical Assisted Reproduction restricts posthumous reproduction.