Family beyond the Bars?

This case raised a question on the Prisoner’s Right of Procreation and artificial insemination of his wife.

In this case, the Plaintiff, an inmate in a United States Federal Prison, sought permission from the prison authorities for impregnating his wife by means of artificial insemination.

The Plaintiff and his wife were eager to have a child, but because the wife was thirty years old, the plaintiff did not want to postpone the conception until his release from jail.

The Plaintiff gave reasoning that a delayed conception and increased age of his wife would put them to a risk of giving birth to a child with Down’s syndrome or any congenital abnormality.

The District court refused the petition on the ground that Goodwin’s right to procreation was not in accordance with the fact of imprisonment.

Also, there may be bigger risks associated with artificial insemination as it may alter with the proper handling of the semen sample, failure to maintain sterile / favourable condition for the

insemination, which may result in birth defect or injury to the recipient.

Source: Goodwin v. Turner
Court of Appeal: US District Court for the Western District of Missouri
Citation: 702 F. Supp. 1452 (W.D. Mo. 1988)

This blog is written by Adv. Sneha Bhonsle, practising in Delhi. She is an expert in healthcare laws and can be connected @snehabhonsle.legal@gmail.com.