(Bio)ethical dilemmas of posthumous parenthood from frozen embryos

)ETHICAL DILEMMAS OF POSTHUMOUS PARENTHOOD FROM FROZEN EMBRYOS 3

ASSISTED REPRODUCTIVE TECHNOLOGY AND HUMAN RIGHTS: A LEGAL AND ETHICAL ANALYSIS

On the eve of the twenty first century, India is at a tipping point in the regulation of Assisted Reproductive Technology (ART) with two legislation Acts namely, the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. This formally introduced the idea of regulation in a space that was previously largely unregulated for more than four decades. This review research paper aims to explore and examine the legal and ethical implications of ART in light of ‘human rights’, with a comprehensive analysis, while questioning the ability of the regulatory framework to ensure the reproductive autonomy, dignity and equality of every individual seeking the aid of ART. Based on a systematic review of the constitutional jurisprudence, landmark Court judgments of Indian Supreme Court and various High Courts, as well as peer-reviewed scholarly literature and state-wise epidemiological data, the current research suggests that the 2021 Acts, though a significant improvement normatively, also have constitutionally questionable and ethically unsound structural exclusions, in particular of LGBTQ+ citizens, single fathers, widowed and divorced women, and economically marginalised groups. Specifically, the above cases: Baby Manji Yamada vs Union of India (2008), Jan Balaz vs Anand Municipality (2009), Suchita Srivastava vs Chandigarh Administration (2009), K.S. Puttaswamy vs Union of India (2017), and Arun Muthuvel vs Union of India (2022-2025)– indicate a court that is becoming more open-minded to the idea of reproductive rights as fundamental constitutional rights. The paper also calls for a legislative reform, based on rights that places human dignity, autonomy and substantive equality at its heart.

Fertility and parenthood among transgender men: between clinical reality and legal paradoxes.

In recent years, the fertility and parenthood of transgender men have emerged as significant medical and societal subjects. Since the 2016 french legal reform, transgender men have been able to retain their reproductive organs, opening the door to discussions regarding their fertility and pathways to parenthood. To evaluate the medical, legal, and ethical issues associated with the fertility of transgender men in France, we have analysed three scenarios adapted from real clinical cases and contrasted them with the existing literature: a termination of pregnancy (abortion), a medical termination of pregnancy (TOP), and a continued pregnancy. These cases illustrate the specific challenges encountered in practice: lack of awareness regarding reproductive risks, legal hurdles in accessing abortion and medical termination of pregnancy, the impact of bodily dysphoria during pregnancy, issues surrounding legal parentage, and the still-limited utilization of oocyte cryopreservation. The literature confirms that testosterone does not constitute a reliable method of contraception and that parenthood for transgender men remains hindered by medical, social, and legal barriers. The management of fertility in transgender men must be multidisciplinary, inclusive, and tailored to legislative developments in order to meet growing needs in contraception, oocyte preservation, and parenthood.

FEATURES OF THE PROTECTION OF INHERITANCE RIGHTS OF MINOR CHILDREN BORN AS A RESULT OF POSTHUMOUS REPRODUCTION FROM A CRYOPRESERVED EMBRYO

This article analyzes the legal issues surrounding the protection of the inheritance rights of minor children born as a result of posthumous reproduction using cryopreserved embryos. Particular attention is paid to establishing the parentage of such children, the exercise of their inheritance rights, and the contradictions in judicial practice. Furthermore, the article substantiates the need to amend current legislation to establish mechanisms for parents to express their will during their lifetime regarding posthumous reproduction and to establish reasonable timeframes for embryo implantation after the death of the testator, in order to ensure a balance of interests among all parties involved in inheritance legal relationships.

The Intersection of Medical Factors and Legal Responsibility in Surrogacy Arrangements

The contribution addresses the complex issues and legal dilemmas that arise—or will increasingly arise in the future—for courts when dealing with questions of liability related to surrogacy. As explained in the article, the very arrangement per se entails certain risks associated not only with assisted reproduction procedure followed by potential obstetric complications during the childbirth but also generally with the protection of the health of the pregnant woman and the foetus. The contribution explores how questions of liability could be approached through the loss of chance doctrine in tort law, a concept originating in the common law tradition. However, it emphasizes that these approaches are far from straightforward, given the significant evidentiary challenges in establishing causation in medical disputes, as well as the ethical and moral considerations regarding the allocation of responsibility. By analysing these issues, the article aims to provide a conceptual framework for understanding the legal and ethical complexities surrounding surrogacy liability, highlighting the potential role of comparative perspectives and doctrinal analysis in informing future judicial decisions.

When Does an Embryo Become a Human?

This study aims to reconstruct the constitutional status of embryos in the era of biotechnology, where in vitro fertilization (IVF), embryo culture, cryopreservation, and embryo research have become commonplace. The current legal order regulates prenatal life in a fragmented manner across different domains. Notably, the Constitutional Court’s 2005헌마346 decision denied the subjecthood of fundamental rights of in vitro embryos prior to implantation and primitive streak formation, adhering to the 14-day rule. However, as technological advancements have enabled research beyond this limit, international research ethics guidelines have reclassified this boundary into an adjustable domain, exposing the rule's nature as a practical compromise. In response, this study proposes the individual continuity of human development—from fertilization to birth—as the core criterion for determining the constitutional status of embryos. By reframing the fertilization theory within the protective framework of human dignity and the right to life under Article 10 of the Constitution, this paper establishes a constitutional baseline for the definition of a human being that remains independent of technological subordination. Furthermore, by defining embryos as provisional and conditional subjects of fundamental rights, this study decouples the recognition of subjecthood from the calibration of protection intensity. It then demonstrates that tiered protection and the balancing of interests are achievable, given the distinct structures of fundamental rights conflicts between in vivo embryos/fetuses and in vitro embryos. Ultimately, this study seeks to present a coherent constitutional baseline regarding the question of 'who is a human being' in the era of biotechnology.