The Karnataka High Court is set to deliberate on a significant legal question: Can a married woman opt to use donor sperm to conceive a child without the consent of her estranged husband, while divorce proceedings are still underway? This inquiry aims to uphold the woman’s right to motherhood amid the ongoing legal battle.
Background of the Case
The case involves a petitioner who wishes to undergo in vitro fertilization (IVF) to become a mother. Both she and her husband had previously stored their gametes—eggs and sperm—at an IVF clinic with the intention of conceiving a child. However, after the husband initiated divorce proceedings, he retracted his consent for the use of his sperm.
Presiding over the matter, Justice Suraj Govindaraj noted on July 28 that the court lacks the authority to mandate the husband to allow the use of his stored sperm for IVF. However, the court will explore whether legal provisions exist that could enable the woman to utilize donor sperm, thereby safeguarding her right to motherhood.
Legal Arguments and Positions
Representing the petitioner, Advocate Parveez Ahamed MR highlighted that the couple, both in their second marriage, had unsuccessfully attempted IVF several times due to their inability to conceive naturally. The husband, already a parent from a previous marriage, opposed the use of his sperm, leaving the wife childless. The counsel argued that the prolonged divorce could lead to irreversible loss, urging the court to permit the use of donor sperm if the husband’s consent remains withdrawn.
The husband’s opposition was met with an inquiry from the bench. Justice Govindaraj questioned whether the husband’s objection was specifically against the use of his sperm or against his estranged wife becoming a mother through any means.
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The court further contemplated that if the wife were allowed to conceive using a donor, the husband could be legally shielded from obligations related to child support or inheritance.
Legal Framework and Implications
The Assistant Solicitor General, Sadhana Desai, representing the Union of India, cited the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act), which limits IVF eligibility to commissioning couples and single women under specified circumstances. She cautioned that permitting IVF with donor sperm without legislative support could lead to complications concerning parentage and legal rights.
Justice Govindaraj acknowledged the evolving nature of reproductive technologies and the legal challenges they present, emphasizing the need for courts to interpret and resolve such emerging issues within the bounds of existing statutes.
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While the court expressed willingness to explore solutions, it stressed that any granted relief must align with the statutory framework. The court also encouraged the parties to seek an amicable resolution and adjourned the matter for further proceedings.
