Balancing Innovation And Regulation: Legal Issues In Assisted Reproductive Technology
- IJLLR Journal
- Apr 20
- 1 min read
Koppolu Chaitra, Research Scholar, Gitam School of Law, Vishakhapatnam
ABSTRACT
Assisted Reproductive Technology (ART) has revolutionized the field of reproductive healthcare by providing solutions to infertility and enabling individuals and couples to exercise reproductive autonomy. Techniques such as in vitro fertilization (IVF), surrogacy, gamete donation, and embryo preservation have expanded the possibilities of parenthood beyond traditional biological constraints. However, these advancements have simultaneously given rise to complex legal, ethical, and regulatory challenges that necessitate a careful balance between innovation and oversight. The rapid development of ART has outpaced the evolution of legal frameworks, leading to gaps in regulation and inconsistencies in enforcement. Issues such as the rights of surrogate mothers, legal parentage of children born through ART, commercialization of reproductive services, and protection of donors’ rights have emerged as critical areas of concern. In India, the enactment of the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021 represents a significant attempt to regulate this domain. However, questions remain regarding the adequacy and effectiveness of these laws in addressing the multifaceted challenges posed by ART.
This study examines the legal issues associated with ART with a focus on balancing technological innovation with regulatory safeguards. It adopts a doctrinal and analytical methodology, analysing constitutional provisions, statutory frameworks, judicial decisions, and international practices. The study explores the tension between reproductive rights and state regulation, highlighting the need to protect individual autonomy while preventing exploitation and unethical practices. It also highlights the challenges posed by cross-border reproductive arrangements and the need for international cooperation.
Keywords: Assisted Reproductive Technology; IVF; Surrogacy; Reproductive Rights; Legal Regulation
