Wife can use donor sperm only if husband proved infertile: Centre to court

The Indian central government has clarified that a wife cannot use her husband's sperm for IVF treatment unless he provides consent. She cannot opt for donor sperm under these circumstances. The ruling was made in response to a Bengaluru woman's petition requesting a Koramangala clinic to use her estranged husband's frozen sperm for IVF.

Additional Solicitor-General Aravind Kamath stated that while the woman is married, she cannot utilize her husband's sperm without his permission and can't resort to donor sperm. As long as they are married, she is left with the option of pursuing motherhood as a single woman. The couple married in 2022 and have failed to conceive after six IVF attempts.

The woman froze her gametes during their marriage but later separated when they lived together. The husband has initiated a divorce proceeding on cruelty grounds. The husband's attorney argued that a child born from third-party sperm while the marriage is ongoing could be deemed "born out of wedlock," potentially entitling him to claim his share of assets—impacting both him and his child from a prior marriage.

The woman's lawyer countered, emphasizing that the issue pertains solely to property concerns and not others. He assured that she is prepared to undertake that no claim would be made on behalf of the child against the husband or his family. The woman also stated she is unwilling to grant a divorce to her husband, pointing out there could be provisions for restitution during ongoing mediation with the family court.

Justice Suraj Govindaraj described the situation as a Catch-22, questioning whether he could issue an order based solely on her undertaking. The judge further revealed why the law requires both husband and wife to grant consent and makes exceptions for widows or divorced individuals. They cannot resolve this matter today about future implications for the child when they reach 22 years old.

The court adjourned the hearing to August 20, instructing the woman's counsel to record any further legal interpretations that could support her case.