A LEGAL ANALYSIS OF ASSISTED REPRODUCTIVE TECHNOLOGY IN INDIA

Abstract

Reproduction is a key element in the continuation of human civilisation. The central unit in a society is family and thereby procreation plays a critical role towards that end. Reproduction in the traditional sense involves physical intercourse between a male and female resulting in the creation of a baby. However, in the past few years, other alternative forms of reproduction have developed. Many factors, particularly infertility and the formation of new family structures have increased the demand for such technologies. Such technologies involve intervention by a third party, a medical expert to facilitate reproduction outside of the traditional method. Such technologies have their benefits, but at the same time, have bioethical issues, including questions of morality, conflict with religious beliefs and violation of human rights. A delicate balance needs to be maintained in this context wherein law and morality, social structures and beliefs play a prominent role. The article intents to draw focus on assisted reproductive technology in context of India and some foreign jurisdictions. The main aim is to provide a critical analysis and review of the normative standards in India.