MacLennan v MacLennan [1958] ScotCS CSOH_5 (10 January 1958)

MacLennan v MacLennan [1958] ScotCS CSOH_5 (10 January 1958)

Artificial insemination by a donor without the husband's consent does not constitute adultery in law, as adultery requires physical sexual intercourse or carnal connection, not merely impregnation by other means.

Citation
[1958] ScotCS CSOH_5
Parties
Pursuer: MacLennan; Defender: MacLennan
Jurisdiction
Scotland
Judgment Date
10 January 1958
Procedural Posture
Divorce / Plea to Relevancy of Defences; Interlocutory Continuation for Amendment
Outcome
Defender's general defence is legally relevant; cause continued for amendment of pleadings.
Legal Topics
Divorce, Adultery, Artificial Insemination, Marital Offences
Family Law Divorce Adultery Artificial Insemination Marital Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

MacLennan

Pursuer

MacLennan

Defender

Procedural Posture

Divorce / Plea to Relevancy of Defences; Interlocutory Continuation for Amendment

Legal Issues

  1. 1 Does artificial insemination by a donor without the husband's consent constitute adultery under Scottish law?
  2. 2 Is the defender's pleading sufficiently specified to rebut the inference of adultery?

Ratio Decidendi

Artificial insemination by a donor without the husband's consent does not constitute adultery in law, as adultery requires physical sexual intercourse or carnal connection, not merely impregnation by other means.

Court Disposition

Defender's general defence is legally relevant; cause continued for amendment of pleadings.

Orders

  • Continue the cause to enable defender to amend pleadings with necessary specification.
  • Plea to relevancy not repelled in hoc statu.