Unveiling the Cracks in Assisted Reproduction: Legal Liabilities in Wrongful Life and Birth"

Abstract

Assisted Reproductive Technology (ART) has revolutionized fertility treatments, providing hope to several families experiencing infertility. This breakthrough raises substantial legal and ethical issues, particularly regarding wrongful life and wrongful birth instances. Such instances result from flaws in ART treatments, including inadequate management of genetic materials, resulting in genetic anomalies or inaccuracies in embryo implantation. This article examines the legislative framework governing ART in India, specifically the Assisted Reproductive Technology (Regulation) Act, 2021. We will examine the liabilities encountered by ART clinics and medical practitioners, comparing them with legal systems in India. This article also examines the legal and ethical issues related to wrongful life and wrongful birth cases in India, specifically concerning medical negligence in Assisted Reproductive Technologies (ART), especially In Vitro Fertilization (IVF) treatments.