ASSISTED REPRODUCTIVE TECHNOLOGY AND HUMAN RIGHTS: A LEGAL AND ETHICAL ANALYSIS

Medical Termination of Pregnancy and the Persistent Challenges in India.

Surrogacy (Regulation) Act, 2021: A Critical Analysis Of Legal Framework And Challenges In India

Surrogacy is an important development of assisted reproductive technology (ART) that emerges as an alternative to parenthood for those individuals and couples who are not able to conceive naturally or carry a pregnancy.The combination of advancement in reproductive technologies with easier access to fertility clinics has led to the popularity of commercial surrogacy in Indian society. Initially, the absence of comprehensive laws gave rise to new fears on the exploitation and commodification of women's reproductive capacities, medical risks, risks of parentage disputes and the rights of children born through surrogacy. Surrogacy (Regulation) Act 2021 is a new legislation which tries to tackle such concerns by regulating surrogacy practices and protecting the interests of the parties involved. It reflects the complete departure from previous commercially oriented model of the Indian surrogacy practice and towards one based on altruistic surrogacy. The law also sets some new limitations for intending couples as well as surrogates. National and State Boards plus the respective authorities will regulate the work of surrogacy clinics is one of the significant aspects of the Act.But, by imposing a restrictive surrogacy regime and lack of effective regulation on surrogacy, the Act raises contentious issues for reproductive right and autonomy equality privacy and bodily integrity insurance informed consent, confidentiality and the best interests of the surrogate child. As the Surrogacy (Regulation) Act 2021 is further implemented alongside the ART (Regulation) Act 2021, careful analysis is necessary to evaluate the impact on effective regulation, gender justice and the rights of surrogates and children concerned.    

When Does an Embryo Become a Human?

This study aims to reconstruct the constitutional status of embryos in the era of biotechnology, where in vitro fertilization (IVF), embryo culture, cryopreservation, and embryo research have become commonplace. The current legal order regulates prenatal life in a fragmented manner across different domains. Notably, the Constitutional Court’s 2005헌마346 decision denied the subjecthood of fundamental rights of in vitro embryos prior to implantation and primitive streak formation, adhering to the 14-day rule. However, as technological advancements have enabled research beyond this limit, international research ethics guidelines have reclassified this boundary into an adjustable domain, exposing the rule's nature as a practical compromise. In response, this study proposes the individual continuity of human development—from fertilization to birth—as the core criterion for determining the constitutional status of embryos. By reframing the fertilization theory within the protective framework of human dignity and the right to life under Article 10 of the Constitution, this paper establishes a constitutional baseline for the definition of a human being that remains independent of technological subordination. Furthermore, by defining embryos as provisional and conditional subjects of fundamental rights, this study decouples the recognition of subjecthood from the calibration of protection intensity. It then demonstrates that tiered protection and the balancing of interests are achievable, given the distinct structures of fundamental rights conflicts between in vivo embryos/fetuses and in vitro embryos. Ultimately, this study seeks to present a coherent constitutional baseline regarding the question of 'who is a human being' in the era of biotechnology.

A Critical Analysis of India’s Surrogacy Laws and Their Impact on Reproductive Health, Intended Parent and Surrogate Mothers

Surrogacy constitutes a significant component of assisted reproductive healthcare and falls within the broader framework of reproductive rights and maternal health governance. In the context of India, the rapid expansion of commercial surrogacy prior to legislative intervention positioned the country as a global hub for reproductive medical tourism. While this growth reflected advancements in reproductive health services and affordability, it also exposed significant concerns regarding maternal exploitation, regulatory vacuum and asymmetrical bargaining between intended parents and surrogate mothers. The enactment of the Surrogacy (Regulation) Act, 2021 represents a transformative regulatory shift from an unregulated commercial model to a prohibitionist regime permitting only altruistic surrogacy under narrowly defined statutory conditions. While the legislation seeks to align India’s reproductive governance with the objectives of SDG 3 (Good Health and Well-Being) by promoting ethical medical practices and safeguarding maternal health, it simultaneously raises serious constitutional and public health concerns. This study undertakes a doctrinal and constitutional analysis of the 2021 Act, evaluating whether its restrictive framework genuinely advances reproductive health protection or instead undermines reproductive autonomy, equality and access to safe assisted reproductive technologies. The research argues that although the legislation intends to curb exploitation, its exclusionary provisions may paradoxically generate new forms of inequality and health insecurity, thereby challenging India’s commitment to universal access to reproductive healthcare under the Sustainable Development Goals framework. The study concludes by proposing regulatory reforms that balance maternal protection, reproductive autonomy and public health oversight within India’s federal structure, ensuring that surrogacy governance meaningfully contributes to the realization of SDG 3 while remaining constitutionally sound.

The legal legitimacy of research on the human embryo conceived in the context of medically assisted procreation in light of current legal developments

Research on the human embryo conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project, aims to develop the technology of medically assisted procreation. But the doctrine is divided on the question of the legitimacy of this research. The source of this division is the legal status of the embryo. Is it a thing or is it a person? If the embryo is a person, research on it is, in principle, prohibited; whereas if the embryo is considered a thing, this research is permitted. Medically assisted procreation raises many ethical, religious and legal problems, the most important of which is the fate of embryos conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project. The question has arisen as to whether these embryos could be the subject of research.

IN VITRO FERTILIZATION: COMPARATIVE EXPERIENCES FROM SELECTED COUNTRIES AND LESSONS