Sachin Gulyani (Student) 22 July 2016

Ivf child without divorce through another guy

Wife wants to remarry a decent guy but husband is lingering the divorce case.

My Query:

Both wife and the guy want to have child and live together even without divorce of the wife by finding the loopholes in the law. Living together is not a problem for them as the husband will never be able to prove it as they have made a solid strong base to escape the legality.

Now both wants child. Is it possible that the wife and a guy approaches IVF center and the guy donates his sperms to wife and can have a child without the consent of the husband?

They are not worried about the status of the child, all the things can be manipulated later on but what legality says in this?

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6 Replies

JustAdvisor (IT) 22 July 2016

https://icmr.nic.in/art/Chapter_3.pdf

Indian Council for Medical Research

(Code of Practice, Ethical Considerations and Legal Issues)

Please refer clause 3.5.6 - No ART procedure shall be done without the spouse’s consent.

1 Like

Kumar Doab (FIN) 22 July 2016

Bigamy,polygamy are other issues.

Sachin Gulyani (Student) 22 July 2016

Just came across this thing on internet.

""AID" does not amount to adultery, even if it was done without the consent of the husband. For adultery to be committed both the parties should be physically present and engage in s*xual act and s*xual union should take place. AI is not equivalent to s*xual intercourse (AIR 373-1984) AI does not contravene ethical principles of medical practice."

Source: https://www.legalserviceindia.com/articles/art_ins.htm

Ya but it is mentioned that the doctor should take the sign for the consent from both husband and wife.

Mukesh sharma (job ) 23 July 2016

Hi sachin if wife wwant to marry with another guy and she could not give to him divorce and their no good reason to live with other guy without husband consent now you need to file case for divorce on this ground and you show all kind of proof have you ever collect

their you show your wife adultary and she could not claim for mantince and alemoney from you

you take help,of local lawyer who have good experience in family court he take over case

you need to go court right now

thanks

Sachin Gulyani (Student) 23 July 2016

Dear Mukesh Sharma,

Wife is willing to give divorce to the husband but husband is lingering it. She also filed divorce case without alimony or the maintenance. She didnt file any false cases either. Only she wants a pure divorce by mutual consent. Husband not willing to give divorce so she filled contested divorce on the basis of adultery and cruelty. Also, the other guy in wife's life is supporting her in all ways.

Husband and wife are living separately since 8 years though they are young around 28 years only. Husband is not ready to understand anything and is lingering the case. Even wife have the proof of his adultery with different women but as you know it is very difficult to get the justice in the court of law at rapid pace.

If one waits for the court order then their life will be over till the time judgement pass. So its better to start a new life with a new partner on the basis of trust then to wait for the court order and to make life more miserable.

Court will pass an order after 5 to 10 years, then it is of no use as the important period of life will get vanished in all these things.