Assisted reproductive technology: India

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In vitro fertilisation and the law

Seeking father’s information for IVF children affront to women’s dignity

August 17, 2021: The Times of India

With the right of single women to conceive through Assisted Reproductive Technologies (ART), like IVF, being recognised, requiring them to furnish father’s name in the form for registering births and deaths of children born through such procedures, it necessarily affects the right of dignity of the mother as well as the child, the Kerala high court has said.

The HC said the state has to provide appropriate forms for registration of births and deaths of children born through such procedures.

“The right of a single parent/ unwed mother to conceive by ART having been recognised, prescriptions of forms requiring mentioning of name of father, the details of which is to be kept anonymous, is violative of their fundamental rights of privacy, liberty and dignity,” it ruled.

The ruling comes on a plea by a divorced woman, who got conceived by an IVF procedure, challenging the requirement under the Kerala Registration of Births and Deaths Rules, 1970 to mention the father’s details. She had said in her petition that she can’t disclose the father’s name as firstly, the identity of the sperm donor is kept anonymous and has not been and couldn’t be disclosed even to her and secondly, such a requirement intrudes upon her right of privacy, liberty and dignity.

Agreeing with the woman’s claims, the court said rights of a single woman to conceive through ART procedure was recognised and accepted in the country and in such procedures, the identity of the sperm donor can’t be disclosed except in circumstances as may be compelled for under law.

“It falls within the realm of the ‘right of privacy’. The said right has also been recognised in the guidelines for ART clinics, with very little exceptions,” it said. PTI