3 weeks ago
Centre tells court wife needs husband's consent for IVF
A lady and a gentleman got married and wanted to have a baby.
They went to a special doctor's office, called an IVF clinic, to get help.
The clinic saved some of the husband's sperm and the lady's eggs in a freezer so they could be used later.
After a while, the couple started having problems and began living separately.
The husband said he wanted a divorce and did not want the lady to use his frozen sperm.
The lady still wants to become a mother and asked the court to let her use the sperm.
A law called the Assisted Reproductive Technology Act says clinics need permission from both the husband and wife.
The government also said the lady cannot use another man's donated sperm unless the husband is proven unable to have babies.
A judge said this is a very difficult situation where every answer creates a new problem.
The court will talk about the case again later in the month.
The central government told the Karnataka High Court that a wife can use her husband's sperm for IVF only with his consent and cannot use donor sperm unless he is proved infertile.
A Bengaluru woman is seeking a court direction for a Koramangala clinic to use her estranged husband's frozen sperm for IVF treatment.
The couple married in 2022, underwent six IVF treatments, and froze their gametes before separating; the husband has filed for divorce on grounds of cruelty.
Section 22 of the Assisted Reproductive Technology (Regulation) Act requires written, informed consent from all parties before any ART treatment or procedure.
Justice Suraj Govindaraj called the situation a Catch-22 and adjourned the hearing to August 20.
The husband's counsel argued a child born using third-party sperm during the marriage could claim rights to his properties, while the woman's counsel said his concern is only about property.
- Who
- A Bengaluru woman, her estranged husband, the central government, and the Karnataka High Court.
- What
- A hearing on whether the woman can use her estranged husband's frozen sperm for IVF treatment without his consent.
- Where
- Karnataka High Court, involving an IVF clinic in Koramangala, Bengaluru.
- When
- At a Tuesday hearing; the court adjourned further hearing to August 20.
- Why
- Section 22 of the Assisted Reproductive Technology (Regulation) Act requires the written, informed consent of all parties before any ART treatment.
Woman's right to motherhood
Husband's right to withhold consent
Use of frozen sperm without consent
Woman's right to motherhood
The woman argues divorce should not be the only path to motherhood and wants to use the frozen sperm; her counsel said the husband was 'putting a gun to my head' by making consent conditional on divorce.
Husband's right to withhold consent
The husband and the central government maintain that the law requires his written consent, which he is not obliged to give while the marriage continues; the government said her only option otherwise is to proceed as a single woman.
Status and property rights of a child born during marriage
Woman's right to motherhood
The woman says the husband's concern is only about property and offered an undertaking that no claim would be made on behalf of the child on his or his joint family's properties.
Husband's right to withhold consent
The husband fears a child born using third-party sperm while the couple remains married could be considered 'born out of wedlock' and claim rights to his properties, affecting him and his child from a previous marriage.
Key facts
- Court
- Karnataka High Court
- Petitioner
- Bengaluru woman seeking IVF using estranged husband's frozen sperm
- Law invoked
- Section 22, Assisted Reproductive Technology (Regulation) Act
- Marriage year
- 2022
- IVF treatments done
- 6
- Divorce grounds
- Cruelty
- Next hearing
- August 20
Quotes
Justice Suraj Govindaraj
Karnataka High Court Judge
“As long as she is in marriage, she cannot use his sperm without his consent and cannot take donor sperm. The only choice left to the petitioner is to do it as a single woman.”
indianexpress.com
“If you want to take benefit of the Act, you have to take it as it is, not as you want it to be.”
indianexpress.com
Sources
Related news
Kerala High Court Allows Couple’s IVF Despite Age Limit
Kerala High Court Extends Surrogacy Eligibility Until Husband Turns 56
Maharashtra Commission Orders IVF Doctor to Pay Surrogacy Compensation
Gujarat Couples Challenge IVF Age Cutoff Amid Advanced-Pregnancy Risks
AIIMS Bhopal Opens New IVF and Fertility Centre
Delhi High Court Rejects Husband’s 18-Year Marriage Challenge
Court defers approver Pradosh’s statement in Renukaswamy murder case
Shivakumar Seeks NITI Aayog Funds, Backs Second Bengaluru Plan
Viswanathan Anand Says AI Has Transformed Modern Chess
Science Quiz Covers Vehicle Communication, Space, Medicine, Missiles and Time
Syrma SGS, Elemaster Launch High-Reliability Electronics Facility in Bengaluru
