Frozen Embryos and its Prospective Owners: A Study of Fundamental and Legal Rights

Abstract

It is undeniable that embryo freezing has served as a boon to womankind and also to infertile men, as they can now become biological parents through assisted reproduction. For a long time, the industry of assisted reproduction was running unbridled; however, the recent Assisted Reproduction Act and the amendments in Surrogacy Act has sought to manage the same. The efficacy shall be determined in the years to come. With assisted reproduction becoming a million-dollar industry a lot of moral and ethical dilemmas have arisen especially when it comes to the embryos that have been frozen. Whether they can be considered as unborn child and the various rights that can be assigned to them, including the right to be born alive, or whether they should be treated as property. Indian law has yet to provide an insight on what an unborn child and due to this a grey area and a need to address it. The researcher aims to ascertain the various issues in regard to the embryos which have been frozen such as personhood along-with the rights of their owners in the purview of various laws and judicial decisions.