Nanded court allows 35-year-old woman’s plea seeking to have second child with estranged husband through IVF

In her plea, the woman had pleaded for conception through restoration of her conjugal rights or through IVF, one of the methods of assisted reproductive technologies.

In submissions made before the court, the woman had said that since she is 35, her fertility and ability to conceive will decline with age. She has undertaken before the court to withdraw the criminal case if her husband agrees to her plea, and also submitted that the maintenance of the second child will be taken care of by her.

The husband opposed the plea stating that he cannot be compelled to have conjugal rights or go through the IVF procedure without free consent, calling it against ‘social norms’ and untenable in law.

The court held that while it cannot decide on the plea seeking restoration of conjugal rights till the separate pleas filed by the estranged couple resulting out of their marital dispute were pending, it cited international laws, treaties on reproductive rights in allowing the woman to have the second child through IVF, and termed such rights as ‘basic civil rights of a human being’.

The court directed the couple to go for a consultation with a marriage counsellor and fix a meeting with an IVF expert within a month.