Karnataka HC Examines IVF Donor Sperm Without Husband Consent

The Karnataka High Court has initiated a review of a significant legal question: whether a married or estranged woman can utilize donor sperm to conceive a child through In-Vitro Fertilization (IVF) without the consent of her husband. This follows a petition from a woman whose husband withdrew his consent for ongoing IVF treatment during their divorce proceedings. The court is exploring the boundaries of a woman's reproductive autonomy against the current regulatory framework that often requires spousal approval for such medical procedures.

The case highlights a friction point within the Assisted Reproductive Technology (Regulation) Act, 2021. Existing guidelines and hospital boards often mandate the consent of both partners for procedures like embryo transfer or egg freezing. However, the petitioner argues that such requirements violate her fundamental right to motherhood and bodily integrity, especially when the marriage is effectively over. A similar plea in Pune also recently asked the ART board to allow egg freezing without a husband's consent, indicating a growing national trend of women challenging these restrictive norms.

Justice M. Nagaprasanna of the Karnataka High Court noted that the issue touches upon the core of individual human rights. If the court rules in favor of the petitioner, it could set a precedent for thousands of women in India navigating the complexities of reproductive health during marital disputes. The decision will likely force a re-evaluation of how ART clinics balance legal liabilities with the personal rights of patients. Legal experts suggest that a favorable ruling would align Indian reproductive law more closely with international standards of personal liberty and self-determination.