Download This PaperRight to Access to Human Reproductive Technologies under Indian Legal Framework: A Bird’s View
GLS Law Journals, Vol. 01, Issue 01; Jan 2018.
8 Pages Posted: 5 Jun 2020
Date Written: January 18, 2018
Abstract
The need and importance of a child is recognized by almost all religions all over the world. Begetting a child is one of the most joyful moments in the life of a person. In fact, begetting a child is considered as a sacred duty of an individual towards his family and the society and this duty is fulfilled through the institution of marriage. The act of procreation is normally a natural process of sexual union between couples and requires no external interference of a third party. However, many couples are unable to beget a child due to infertility caused by various factors. Such infertility and the inability to beget a child have a severe impact on the couples and particularly woman. It affects their personal, family and social relations. Since the ancient times mankind has tried to find a solution to the problem of infertility and help such couples to beget a child.
With the advancement of medical science and technology various methods and techniques have developed to help these couples to beget a child such as Artificial Insemination, In Vitro Fertilization, Surrogacy and Reproductive Cloning. These methods and technologies are collectively termed as ‘Assisted Human Reproductive Technologies’ and are considered as blessing for infertile couples as it helps them to fulfil their most cherished desire to have a child. However, the right to use these ART’s for begetting a child is a highly debatable issue and there are diverse opinions in this regard. This paper seeks to identify the legal basis of right to access to ART and its scope in India.
Keywords: Right to Access, Human Reproductive Technologies, Surrogacy, Artificial Insemination, Right to Reproduction
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