KOCHI: Recently, a young mother from the state fought in the High Court successfully against the requirement to produce father’s name in the forms for registering birth and death of children born through assisted reproductive technologies (ART) like in vitro fertilisation (IVF). In a landmark judgment, the court also directed the government to provide appropriate forms for registration of birth and death in such cases.
The High Court said the state has to provide appropriate forms for registration of birth and death of children born through such procedures. Legal experts say the struggle of a ‘single mother by choice’ does not end with registering the birth of her child. Apart from the contemptuous scrutiny by society and the associated psychological trauma, they also face the discrimination from our administrative set up.
Aruna A, an advocate at High Court and Supreme Court, who successfully battled for the single mother in this case, says the inability to get admissions in schools because of the mandatory requirement to provide father’s details is one of the many problems the single mothers face despite the fact that the law recognises an unmarried woman’s right to become a mother.
“Changes need to brought to the relevant laws acknowledging the rights of a single mother by choice explicitly and efforts should be made to spread awareness about reproductive rights, to ensure that single mothers by choice and their children are not discriminated against,” said Aruna.
Lost hope in the institution of marriage
Serena (name changed), a single mother who delivered a baby girl through IVF recently, said she had almost lost hope in the institution of marriage after her marriage ended in a failure and knowing people who went through similar struggles. It was after divorce that she opted to have a baby of her own, without the label of a husband.
“Though mine was an abusive marriage, I am still holding on to him because I loved him. Despite all my efforts, it failed irrevocably, since there was no cooperation from the other side. The child alone was not the issue. Out of helplessness, I even decided to live with him without a child, but it was risky to live with him. Still, he had been trying to put distance. Another mistake everyone commits is immediately going to another relationship, without healing from the trauma. I feel, there should be a law to punish those who shun single mothers and children born to them. In a world where kids fall prey to abusive marriages, is single parenthood an offence?” she asks.
All the women who had made a choice of having a biological child through IVF, while remaining single, have been educated, independent and very strong to make a decision, says Dr Parasuram Gopinath, senior consultant and scientific director at Cimar Fertility Centre. He is also a managing committee member and Kerala chapter treasurer of Indian Society of Assisted Reproduction (biggest body of IVF specialists in India).
Independent, strong women
“We are nearing 12 years of service in Kochi and have received 15-20 single women who opted for IVF with a donor sperm. All of them were not very rich, but they were very clear about what they wanted in life. They don’t need a man in their life to have a child of their own. For those whose marriages failed and did not have a child, and think that she would have continued life if she had a baby, this is a choice,” he said.
The IVF expert also explained another trend where women freeze their eggs (social freezing). The quality of their egg will reduce as they get older. So, if a woman has not found her right partner, she can freeze her eggs and use later. “A lot of women come here for social freezing. If they are very young, we tell them to wait. It is not necessary that we should start treatment with the same egg. It is a back-up option. Having an egg frozen is giving a woman her choice to decide when to get pregnant. Four or five aged between 32 and 38 have frozen their eggs here,” he said.
Social freezing
Once a woman who froze the egg has a husband, she can use his sperm. In case she fails to find the right person and wants to get pregnant, the law allows her to use a donor’s sperm. The number of instances where single women seeking IVF treatment reported are more in Kochi. Dr Anupama Ramachandran, an IVF specialist from Thiruvananthapuram, said though there were a few enquiries from single women about having a biological child through IVF, nobody turned up later. “According to ICMR guidelines, single women are allowed to have biological kids through IVF, but it hasn’t become very popular in our place. A widow aged around 35 had once approached me a few years ago and expressed her wish to have a child. However, she did not turn up later,” said Dr Anupama, who is also the managing director and chief consultant at Pran, fertility clinic and well-woman centre in Kumarapuram junction.
Legal issues
If a man wants a biological child, he needs an egg as well as a uterus. That will be again counted as a case of surrogacy and does not have legal support now. A female needs only sperm, hence it is approved. Two or three transwomen have frozen their sperm, waiting for a positive judgment.
Characteristics that can be chosen
Height, weight, skin colour, hair colour, eye colour, blood group of the donor can be chosen, but his identity will not be revealed. Usually, when a husband lacks sperm, there is a tendency to seek a donor from his family, like his brother. But such issues can lead to disputes in future. Current law states that you should not accept from a known donor.
Indian law states that
Social freezing cost (average)