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Legal Advice   24 October 2023

Separated for one year

I am a 44 year old woman. Living separately for over an year now. We stayed together for about 4 months. He could not perform. So after 4 months, he refused s*x as he is not comfortable. Since then, I had fertility treatments and I called him for sperm. he came and gave and went. Now it is more than one year. no reconciliation.

I absolutely didnt want a divorce but now I really need to go for ivf for any little hopes of motherhood. 

Can I just declare myself as single and opt for donor sperm? Applying and getting a divorce will be timetaking and I dont want to lose any more time.



Learning

 6 Replies

P. Venu (Advocate)     24 October 2023

More than the law and the remedies it can offer, the real requirement is professional counselling.

Legal Advice   24 October 2023

can you explain why you think so?

T. Kalaiselvan, Advocate (Advocate)     24 October 2023

You cannot declare yourself as single when you still remain married to someone.

The consent to IVF treatment by each of a couple is required in order for both to qualify as the legal parent of a child conceived via IVF.

According to the Law on medically assisted fertilization that is in effect since July 2012, couples planning an ART cycle must enclose: Copies of ID cards or passports Marriage certificate, or for the couples who are not married.a statement on joint life notarized by a notary public.

 

Dr. J C Vashista (Advocate )     25 October 2023

What is the actual problem staying / physical relation with your husband, did you try to dig out the real issue for living separaetely ?

Single moms are also often looked upon as a stigmatised group who don’t have a husband to help them gain the same respect in society. Unfair as this is, single moms are often the strongest, most responsible parents of all as they bear the burden of stigma, parenting, and societal taboos and still provide a haven for their children to thrive. They often struggle with getting enough support and often, families reject help, blaming them for their actions or they push them to remarry to fulfill the "family" idea..

Real Soul.... (LEGAL)     25 October 2023

You are married and it is better to get a consent divorce, let you reach an agreement with your husband for mutual terms and therein you can condition the term that you are free to adopt any medical treatment or procedure to get pronated. 

If you still don’ opt for divorce at this moment then get consent of your husband for the IVF with any other donor. If you failed to get consent he can make adultery allegations on  you.

Just make him agree for that and let him sign the consent form that is all

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 October 2023

You are willing to become pregnant with or without divorce. You are also prepared to look after your child without help from a husband. You do not want to claim maintenance of the child from anybody. If so become pregnant using a reliable worthy sperm and face the consequences. There are no laws to punish a married woman getting pregnant without the agency of a husband.


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