Divorce Laws Regarding Artificial Insemination

Assisted reproductive technology or ART as it is termed refers to any medical technique that enables the creation of a pregnancy by means other than natural reproduction through sexual intercourse.

Although the term 'ART' sounds contemporary, the actual practice of artificial insemination as an effective means to cure infertility dates back to the period when the wife of King Henry IV of Castile had to undergo in order to produce royal heirs. With the passage of time and advancement of technology, this became a thriving industry.

Basically, there are two types of artificial insemination. These are:

• A.I.H. -  Artificial insemination using the husband's semen
• A.I.D - Artificial insemination using a donor's semen

Clearly, the decision of the English courts pertaining to matrimonial cases involving artificial insemination is influenced on the following grounds:

• That the petitioner knew he/she had a legal right to approach the court for a decree of nullity.
• That the petitioner, with this awareness, conducted the relationship in a way that assured the respondent that the petitioner would not act upon this legal right.
• That it would be unjust to the respondent to grant a decree of nullity.

In Petit v Petit, [1962] 3 All ER 37, the husband was impotent and the wife had a child by artificial insemination and was very loyal to her husband. During the war, she supported her husband by taking responsibility of running the matrimonial home, paying the mortgage and all the bills. After 20 years, the husband wanted the marriage to be declared null and void so that he could marry another woman.

The court held that it would be unjust to his wife and did not allow it though she had a child through artificial insemination.