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5. The Petitioners' son was diagnosed with Non-Hodgkin's Lymphoma on 22nd June, 2020, which is a form of cancer and was admitted in the Ganga Ram Hospital (hereinafter, 'Hospital'). He was to be administered chemotherapy and at that stage, he was advised for storage of his semen in order to deal with any infertility issues that may occur due to chemotherapy. The deceased had then given consent for freezing of his semen sample, and his semen sample was preserved in IVF lab of the Respondent No.3 on 27 th June, 2020 vide registration no. 2726372. Unfortunately, he passed away at the age of 30 years on 1st September, 2020. As per the Petitioners, the advice of doctors was that chemotherapy could result in infertility, which led to this step being taken by the deceased son. The frozen semen sample has been preserved at the Hospital as has been confirmed by Mr. Subhash Kumar, ld. Counsel for the Ganga Ram Hospital.

"Issue a Writ in the nature of Mandamus or such appropriate Writ, upon the Respondent No.2 for issuance of appropriate directions upon the Respondent No.3 for releasing the frozen Semen Sample bearing Regno.2726372 dated 27.06.2020 stored in the IVF lab of Respondent No.3 into the custody of the Petitioners"

27. Reliance is placed upon Rakhi Bose (supra) to argue that in paragraph 7 of the said judgment, the Court recognizes that the power to transfer exists. This observation is relied upon to argue that the potential of a child to be born cannot be stultified by relying on the provisions of the ART Act which have no application in the present case. She highlights the reliefs that have been sought in the present petition i.e., for release of the frozen semen sample which is stored in IVF Lab of the Hospital.

Rajashree had completed all the formalities at the semen bank in Germany and approached Sahyadri Hospitals for an IVF procedure. IVF specialist Dr Supriya Puranik at the hospital said that the IVF procedure was quite common but the case was unique as а grief-stricken mother wanted her son back."