Al-Wafd Newspaper
Sunday, May 18, 2025
In a landmark move, Egypt’s State Commissioners Authority issued a legal report supporting the right of a prisoner’s wife to undergo in vitro fertilization (IVF) using a sample from her incarcerated husband, who is serving a 15-year sentence of hard labor.
The report was prepared by Judge Hussein Atef Hussein Saber under the supervision of Judge Ahmed Hussein Barakat, Head of the First Chamber for Rights and Freedoms. It came in the context of Case No. 31230 of Judicial Year 79, filed by Mrs. A. A. A. M. against the Ministry of Interior, the Assistant Minister for Human Rights, and the Director of the Community Protection Sector in Minya Governorate.
This precedent highlights the pivotal role of the Egyptian State Council in upholding justice and correcting legal trajectories.
The report concluded that the plaintiff has the full right to proceed with IVF using her husband’s sperm sample while he is in prison, provided the procedure is carried out at her own expense. This decision represents a major milestone in safeguarding the rights of prisoners and their families and embodies the principles of justice and humanity guaranteed by the Egyptian Constitution.
Judge Hussein Atef based his report on a wide range of constitutional, legal, and international principles, affirming:
- The right to form a family,
- Equal access to healthcare, and
- The idea that human rights are not forfeited due to one’s legal status.
The report emphasized the state’s obligation to care for families and protect their stability, asserting that personal freedom, the right to marry, and to start a family are natural and constitutionally guaranteed rights.
A detailed analysis was included of the laws regulating correctional and rehabilitation centers, clarifying that prisons are not places to strip individuals of their rights, but institutions for rehabilitation and reintegration, with a strong emphasis on human dignity and fundamental rights. The Commissioners affirmed that the plaintiff’s request for IVF is a legitimate family right that cannot be denied due to imprisonment, especially if the financial costs are covered by the wife.
The report also emphasized the State Council’s role in upholding the rule of law and ensuring that administrative bodies respect individual rights and freedoms — a commitment clearly reflected in this case.
This move by the State Council reflects its enduring role in entrenching justice, protecting human rights, and confirming the Egyptian judiciary’s commitment to the rule of law and institutional integrity.
