Refusal to Have Children as a Ground for Divorce or Annulment

When a husband and wife agree to practice birth control no legal problems are normally created. In England and now in all American jurisdictions the use of contraceptive devices and techniques is perfectly lawful, and only three states impose restrictions on voluntary sterilization. In fact, there is considerable evidence that our society not only permits birth control but considers it highly desirable. However, a different situation is presented when contraception is practiced by one spouse against the will of the other.

The offending spouse remains free of criminal liability, but he may be vulnerable to some form of marital legal action by his mate. The purpose of this article is to examine the circumstances under which such marital legal action is available to the aggrieved spouse.