The Karnataka High Court is hearing a significant case that sits at the intersection of reproductive rights, marital autonomy, and assisted reproductive technology. The Court is considering whether a married woman can undergo donor sperm-assisted IVF while divorce proceedings initiated by her estranged husband are still pending.
The petitioner approached the Court after her husband withdrew consent for the use of his stored sperm, despite the couple having previously preserved their gametes during fertility treatment. She argued that prolonged divorce proceedings could permanently deprive her of the opportunity to become a biological mother due to advancing age, and therefore sought permission to proceed with donor-assisted IVF.
Hearing the matter, Justice Suraj Govindaraj observed that the Court cannot compel the husband to consent to the use of his sperm. However, the Bench noted that the law must also address evolving challenges arising from modern reproductive technologies and examine whether a woman’s right to motherhood can be protected through legally permissible alternatives.
The Court further indicated that if donor-assisted conception is allowed, appropriate safeguards could be considered to ensure that the estranged husband is not burdened with any legal obligations relating to maintenance, inheritance, succession, or parental responsibility towards the child.
The Union Government opposed the plea, relying on the Assisted Reproductive Technology (Regulation) Act, 2021, and argued that the existing statutory framework permits IVF only in specified circumstances. According to the Government, permitting donor-assisted IVF without explicit legislative backing could create complex legal issues concerning parentage, birth registration, and succession.
The case raises important constitutional and statutory questions on reproductive autonomy, informed consent, the right to motherhood, and the scope of the ART Act, 2021. The Karnataka High Court’s eventual ruling is expected to play a crucial role in shaping the legal framework governing assisted reproductive technologies and reproductive rights in India.