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From Autonomy To Regulation: The Legal Complexities Of Reproductive Rights




Ms. Aayushi, P.G Student, LL.M., M.J.P. Rohilkhand University, Bareilly (U.P.)


ABSTRACT


Artificial Reproduction Technologies (ART) have revolutionized reproductive healthcare, offering new possibilities for individuals and couples struggling with infertility. However, these advancements have raised significant legal, ethical, and social challenges. The lack of a uniform legal framework globally has led to disputes over parental rights, embryo ownership, and access to ART for LGBTQ+ individuals. Gender discrimination remains a pressing issue, as women bear the physical and emotional burden of ART procedures while often facing societal stigma and lack of legal protection. Additionally, the growing demand for “cosmetic children” through genetic modifications has sparked ethical concerns over designer babies, eugenics, and genetic inequality.


Furthermore, the psychological and mental health challenges faced by women undergoing ART are often overlooked, with insufficient legal and medical support structures to address post-procedure trauma, anxiety, and depression. The lack of comprehensive mental health policies exacerbates the vulnerability of women in ART procedures.


This research paper explores the legal challenges in ART, examining key international and national legal frameworks, landmark case studies, and human rights concerns. It also highlights the urgent need for legal reforms to ensure gender equity, ethical genetic research, and psychological well-being of ART patients. A balanced legal approach is required to protect the rights of all stakeholders while promoting ethical scientific advancements in reproductive medicine.


Keywords: Artificial Reproduction Technologies (ART), Gender Discrimination, Genetic Modification, Cosmetic Child, Mental Health, Parental Rights, Human Rights, Legal Reforms.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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