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Can the court direct the husband to cooperate in IVF when the husband has filed a divorce case against me?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Family Law

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Question: Can the court direct the husband to cooperate in IVF when the husband has filed a divorce case against me? My husband refused to have a child and he filed for divorce. I want a baby. Can I get an order from court for ivf from my husband and if he does not give consent then can I do ivf from another donor by taking permission from court? 

And my husband will give maintenance to my child and me. I have the right to motherhood when my age is 35 and he is wasting time. And he has deserted me. I want a residence order and protection order in the DV case.

Asked from: Maharashtra

It is not possible for the court to direct the husband to go for a child through in vitro fertilisation IVF. There is matrimonial discord between spouses. One spouse wants a child but the other does not. In this case the court cannot pass any direction for IVF. 

Desire to beget a child entirely depends upon the free consent of the spouse. There is no law which makes it mandatory for the spouse to birth a child after marriage. Hence, in absence of  legal provisions thereof the court cannot direct to go for IVF.

Many legal rights, liabilities and duties arise after the birth of a child. Like father becomes bound to maintain his child and child gets right in the ancestral property of father etc. Therefore, if the father does not want a child due to matrimonial discordance then the court cannot direct him to do so.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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