A woman in Tokyo successfully became pregnant through in vitro fertilization (IVF) treatment at Hara Medical Clinic, despite concealing the fact that her husband, who was believed to be infertile, had passed away

The incident has raised concerns about the legal and ethical implications surrounding the child’s biological father.

In Japan, infertility treatments are typically limited to married couples, and when donor sperm is used, the husband assumes legal parenthood. However, the law does not address cases in which the husband dies during IVF treatment. In this particular case, if the sperm donor is identified, they may be asked to legally acknowledge their role as the child’s father.

The incident was reported to the Japan Society of Obstetrics and Gynecology, and the clinic has temporarily suspended IVF procedures using donor sperm while they consider whether or when to resume them.

According to sources, the woman intentionally kept her husband’s death a secret from the doctors, knowing that it would make her ineligible to continue with IVF using donor sperm. She only revealed her husband’s death during a post-pregnancy consultation in June, after successfully conceiving.

The clinic has since revised its guidelines and introduced preventive measures to prevent similar incidents from occurring in the future. These measures include requiring verbal confirmation from the husband on the day of embryo transfer and mandatory study sessions. The changes went into effect this month.

The hospital expressed concern that this incident could jeopardise the rights of the non anonymous sperm donor, as the patient’s deceased husband cannot legally become the child’s parent. They emphasised the importance of trust and contractual obligations in medical treatments in Japan, as the country currently lacks legal provisions for such cases.

The hospital intends to take legal action against the woman for her actions.

Legislative frameworks for assisted reproductive technology in Japan, including rules for disclosing donor information, were drafted last year but have yet to be enacted.

This incident highlights the complex issues surrounding IVF treatments and the need for clear legal guidelines to protect the rights and well-being of all parties involved.

Read more stories about IVF and it’s legalities by clicking here.