Reconceptualising Parenthood: A Model Regulatory Framework for Assisted Reproduction in India
Aastha Malhotra & Arshia Roy*
Volume 13 Issue 2 (2020)
The idea of the modern-day family is constantly evolving, as is the conception of reproductive rights. While the right to have a family or the right to family life remain largely uncodified in India, these rights find a strong basis in other pre-existing rights. Through an analysis of three assisted reproductive techniques, namely, surrogacy, in-vitro fertilisation, and genetic manipulation, we study the interplay of technology, health, gender, commerce and sexuality and in turn, its implications for public health rights, gender justice, sexual rights, disability rights, child rights, and bioethics. We argue that medical professionals, infertile individuals or couples, children born as a result of assisted reproduction, donors and surrogates across India suffer greatly due to the lack of a legal framework which adequately addresses their needs. These needs, such as protection of bodily autonomy for surrogates and donors, equitable access for commissioning couples or individuals, assurance of legal status for children, among many others, remain unaddressed in both individual and collective capacities. In an attempt to remedy this, we extensively discuss the various ways in which assisted reproduction ought to be regulated. We contextualise the concerns with assisted reproduction to the Indian context and suggest the core principles that should be a part of a national legally binding regulatory framework in the country.