Can I get a divorce because my husband can’t get me pregnant? We’re both Jewish and have tried for a baby without success for years. My husband suffered an injury to the lower part of his body which stopped him producing sperm. The fertility clinic says there is no hope of him impregnating me. He won’t hear of me having sperm from a donor. I don’t want to adopt .I am young and fertile, although my biological clock is ticking away. I fantasize about re-marrying and having my own baby with someone else.
By: דיאנה שאלתיאל•Published on: 13 June, 2022Yes, a husband’s fertility is a ground for divorce under Jewish law. If you can meet certain pre-conditions set aside by Jewish law, and prove that your husband is totally infertile, then the Rabbinical Court could make him divorce you.
Under Jewish law, if you want to divorce your husband because he can’t give you children you must(1) have been married at least 10 years, (2) have had no children together and (3) you must clearly want children and show you are medically capable if bearing them and that the problem lies with your spouse. Your greatest legal challenge will lie in proving your husband’s infertility – obtaining the necessary medical evidence.