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Paper Title:
Cryopreservation, IVF, and Surrogacy in India: A Critical Analysis of Medico-Legal and Ethical Challenges governed by the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021
The rapid advancement of Assisted Reproductive Technologies (ARTs), including Cryopreservation, In-Vitro Fertilization (IVF), and Surrogacy, has reshaped the reproductive landscape in India. These technologies have enabled countless individuals and couples to overcome infertility and build families.Yet, the widespread increase in their use has also given rise to complex medico-legal and ethical dilemmas. In response, the Indian legislature introduced the regulation of Assisted Reproductive Technology (ART)Act, 2021 and the Surrogacy (Regulation) Act, 2021 to address growing concerns around medical safety, ethical exploitation, and legal ambiguity.
This paper critically examines the legal framework governing ART and surrogacy in India post-2021. It analyses how these laws attempt to regulate clinics, ensure informed consent, protect donor and surrogate rights, and prevent commercial exploitation. The study also explores contentious issues such as the exclusion of LGBTQ+ individuals and single parents, lack of clarity on parentage and citizenship in surrogacy cases, and the ethical challenges surrounding embryo cryopreservation and reproductive autonomy.
Through a comparative legal analysis with international practices and judicial precedents such as Baby Manji Yamada and Jan Balaz,The article maintains that even though the 2021 legislations provide much-needed oversight, they fall short in guaranteeing inclusive and rights-based reproductive justice. The research concludes by recommending reforms to make India’s ART and surrogacy regime more equitable, medically accountable, and ethically sound.
"Cryopreservation, IVF, and Surrogacy in India: A Critical Analysis of Medico-Legal and Ethical Challenges governed by the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 8, page no.a431-a448, August-2025, Available :http://www.ijrti.org/papers/IJRTI2508053.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator