In W.P.(C) 15159/2021, the Hon’ble Delhi High Court recognized preserved reproductive genetic material as inheritable “property” under the Hindu Succession Act, 1956, permitting the release of a deceased unmarried man’s biological genetic material to his parents for surrogacy, emphasizing that his consent for preservation extended to its posthumous use. The court noted the absence of provisions on posthumous reproduction in the Assisted Reproductive Technology Act, 2021, and the Surrogacy Regulation Act, 2021, and directed the Ministry of Health and Family Welfare to consider formulating comprehensive guidelines or legislation. Additionally, the release of genetic material was strictly conditioned on ethical compliance and non-commercial use, ensuring that it aligns with legal and moral standards while addressing the evolving legal framework surrounding reproductive rights and inheritance.
