Approaching the jurisdictional Court is the best solution in the given circumstances, to enable single men to store semen for future use after marriage.
Storage of semen in unmarried person for future use after marriage
Dear Lawyer, This patient had a storage of SEMEN In a private hospital in Coimbatore at 22 years of age as he was diagnosed as lymphoma (a form of cancer) and there are chances that chemotherapy would make him infertile. He is still Unmarried. The hospital where the semen was stored is closing the ART (assited reproductive technology) and wants the client to shift the semen to some other centres.. ART is usually done for married couple who have no children. But semen storage for patients with cancer is for future use in case they become infertile post treatment. And it can be used after marriage. This is a standard practice for cancer patients all over India and world. But in this case, Central government is against storing this semen as he is single and unmarried (may be they dont know the reason) If the Central government issues order, that a single man (unmarried) cannot store semen, it is because of the lack of understanding of central govt. official? 1. Can we quote any law to counteract it in writing? 2. Or simple explaining them the underlying fact (which they are not aware of will solve the issue? 3. Or only approaching the court is the only solution? copy of letter below (names have been dedacted) U.11019/03/2024-HR 'l-fm1' /Government of India JfR /Ministry of Health & Family Welfare 'l-flTT/ Department of Health Research '3fj'l-flTT/ Co-ordination Section) *** 2nd Floor, IRCS Building, New Delhi, 22nd ,Janua.ry,2024 To, Subject: - Transfer of frozen semen sample for the purpose of IVF-reg. Sir, This is with reference to your request on the above-mentioned subject and to say that single men cannot avail ART /Surrogacy services in India as per the ART Act, 2021 and the Surrogacy Act, 2021 and Rules made thereunder. Hence you · request for transfer of frozen semen sample for the purpose of IVF cannot be acceded to. 2. This issues with the approval of the competent Authority. Yours faithfully (Sanjeev Singh) . Under Secretary to the Government of India kindly reply by email ([deleted]) or contact my WHATSAPP ONLY
Asked 2 years ago in Constitutional Law
5 Answers
File writ petition in HC against govt of india for refusal to permit storage of semen
2) you have to challenge provisions of ART act which refuse permit of storage of semen of single male
If you are aggrieved by this decision you can approach high court with a writ petition giving the details of the effects and seek for appropriate relief
You can store your semen it’s your right under article 21 of constitution
Sir nobody here will reply to you by email or over whatsapp
the answers are given here on an honorary basis
if you wish to connect with any lawyer here then you will have to take his/her appointment, book a consultation and pay the consultation fee
it is unprofessional for an advocate to approach the prospective client by replying to him the way he wants
coming to your query - given the govt. letter that you have reproduced, the only option is to approach the High Court by filing a writ petition. There is complete violation of Article 14 of the Constitution.
