HC: Seeking dad’s info for IVF kids affront to women’s dignity

HC: Seeking dad’s info for IVF kids affront to women’s dignity

TIMES NEWS NETWORK

Kochi:17.08.2021

Requiring a single parent or unwed mother who conceived through assisted reproductive technology (ART) such as IVF to reveal sperm donor’s name for registration of baby’s birth violates right to privacy, the Kerala High Court has held.

The ruling was given by Justice Sathish Ninan after considering a petition filed, through advocate A Aruna, by a divorcee who opted for IVF. It was contended by the petitioner that the form for registration of birth requires disclosure of the child’s father’s name.

The identity of the sperm donor has been kept anonymous by the clinic and requiring her to reveal it violates right to privacy, liberty, and dignity, the petition said.

After referring to the Supreme Court’s judgments on right to privacy, including KS Puttuswamy vs Union of India, the court perused a copy of The Assisted Reproductive Technology (Regulation) Bill, 2020. The court noted that right of a single woman to maintain confidentiality is being maintained in the bill too. In the judgment, the court said, “Having conceived through ART procedure, the identity of the sperm donor cannot be disclosed except in circumstances as may be compelled for, under law. It falls within the realm of the ‘right of privacy’.”