Photo/Illutration An embryo culture room at a fertility clinic in Yokohama (Asahi Shimbun file photo)

A woman undergoing in vitro fertilization treatment at a clinic in Tokyo became pregnant this spring without notifying the doctor of her husband’s death, creating a potential legal quagmire for all parties involved.

The consent form for the clinic stipulated that “treatment will be terminated if either spouse dies.”

Despite knowing it was in violation of the guidelines, the woman continued the treatment using the sperm of a third-party donor.

“My strong desire to have a child took precedence, prompting my actions,” she reportedly said.

Hara Medical Clinic in Tokyo’s Shibuya Ward said it plans to hold the woman accountable for breaking its rules, potentially through legal action of some kind.

In Japan, IVF treatment is only available for married couples.

The Japan Society of Obstetrics and Gynecology does not allow for third-party donors, in principle.

And the law on special provisions concerning assisted reproductive technologies enacted in 2020 stipulates that the father of a child born through donated sperm should be the husband, based on the mutual agreement of the married couple.

However, the law does not account for cases like this, in which the husband has died.

The sperm donor may, therefore, be asked to become the legal father of the child.

Cross-party lawmakers are considering submitting a bill concerning assisted reproductive technologies to ensure a child’s “right to know one’s origin” so that people born using third-party sperm or an egg can learn about their donor’s information when they reach adulthood.
However, this case could influence the debate.

According to the clinic, the woman underwent IVF using her own egg and sperm donated by a third party, resulting in pregnancy.

In a post-pregnancy consultation between May and June, the clinic learned that the woman had the fertilized egg implanted in her womb after her husband’s death.

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