MacLennan v MacLennan 1958 S.C. 105; 1958 S.L.T. 12 (Outer House, Court of Session, Scotland) was a civil law case that required the court to determine if artificial insemination constituted adultery. Mr and Mrs MacLennan were married in August 1952 but their marriage was not a success. The couple separate shortly afterwards and Mrs MacLennan went to the U.S.A. In July 1955, she had a baby girl. Mr MacLennan sued for

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...

citing

adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

. Mrs MacLennan defended this action and claimed that she had conceived the child through

artificial insemination Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatme ...

not through adultery. The

Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...

was faced with defining adultery and whether or not artificial insemination could be defined as under this heading. This is where the definition taken from Lord Wheatley's comments that adultery had to involve "physical contact with an alien and unlawful organ". The court lays down specific rules for adultery: 1- In adultery there must be two parties, physically present and engaging in sexual act. 2- It is not necessary that there is any interaction between the sperm and the ovum. The court ruled artificial insemination does not constitute adultery. However, Mrs MacLennan could not provide the court with any proof of her taking artificial insemination. Mr MacLennan therefore got his divorce.

References

{{DEFAULTSORT:Maclennan V Maclennan 1958 in Scotland Court of Session cases 1958 in case law Divorce law in the United Kingdom 1958 in British law Sexual fidelity Artificial insemination