Does Conception Through artificial insemination Amount to Consummation of Marriage?

In India, there are no clear laws pertaining to children who are born to couples through artificial insemination but these children are considered legitimate, provided the birth is supported by lawful wedlock. 
Typically, the following aspects need to be satisfied before the court issues a decree of nullity to the couple:

• Impotence must exist at the time of marriage.
• The condition must be permanent and incurable.
• The impotent spouse is not legally permitted to plead impotency as a ground for holding the marriage null and void. Only the non-impotent spouse can raise this as a valid ground in court.

Under section 26 of the Special Marriage Act 1954 and section 16 of the Hindu Marriage Act 1955, children of annulled voidable and void marriages cannot inherit the property of any relatives except the parents.

Does Conception Through AI Amount to Consummation of Marriage?

However, conception of the wife by artificial insemination does not amount to consummation of the marriage if the husband is impotent. Further, the marriage can be declared null and void as every individual has a fundamental right to sexual satisfaction and procreation.

While artificial insemination addresses the issue of procreation, it does not address an individual’s right in a marriage to enjoy the sexual act. A spouse who is not impotent and wants to lead a healthy life is entitled to raise impotency of the other spouse as a valid ground to secure a decree of nullity before the court.

Does Artificial Insemination Amount to Adultery?

In many countries, the act of adultery is first seen to be committed, following which the mother pretends that she took recourse to artificial insemination through a donor to become pregnant. Most courts are conscious of this while evaluating the authenticity of these claims. However, in India, such cases have not been reported.
The question whether recourse to AID without obtaining the husband’s consent constitutes adultery was raised for the first time in Oxford v. Oxford [58 O.L.R. 251 (1921)] before a Canadian court. The husband demanded divorce on the ground of adultery by the wife. The wife stated that the child was born to her as a result of AID. The court stated that she had committed adultery.
In Doornbos v Doornbos, the wife petitioned the Superior Court of Cook County, Illinois, asking the court to decide the following:

• whether artificial insemination constituted adultery
• whether a child born through this process is legitimate
• whether it is contrary to public policy

The court held as follows:

• Heterologous artificial insemination with or without the husband’s consent is contrary to public policy and good morals.
• This act constitutes adultery on the part of the mother.
• A child conceived through this process is not born of legal wedlock and is therefore, not legitimate.

In India, the question whether AI constitutes consummation of marriage or adultery on the part of the spouse who commits it will most likely depend on the personal law context of the petitioner.

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