The IUP Journal of Law Review
The Impact of Artificial Insemination on the Institution of Family: Legal Nuances

Article Details
Pub. Date : Oct, 2018
Product Name : The IUP Law Review
Product Type : Article
Product Code : IUPLR51810
Author Name : D Srujana
Availability : YES
Subject/Domain : Law
Download Format : PDF Format
No. of Pages : 10

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Abstract

Modern medicine and science have allowed opportunities for conceiving children through invitro fertilization and artificial insemination. Infertility in both men and women can be treated by artificial insemination. However, there are many legal concerns around the issue of artificial insemination. The use of sperm taken from a male other than actual husband and the use of womb of a woman other than the wife lead to many legal questions as regards the status of the child and parents. This is because according to the already existing legal position, only legally wedded wife and husband are treated as parents to children. The laws across the world are fairly inconsistent. Creating a common, consistent and suitable legal system to accommodate the latest medical developments with regard to artificial insemination is the need of the hour across the world. This paper highlights the legal nuances with regard to the impact of artificial insemination on the institution of family.


Description

Irrespective of global cultural differences, procreation of children is the inherent biological, social, psychological and spiritual need of every couple, even though for women it is the greatest natural hindrance and handicap physically, psychologically and economically. The misfortune of childlessness has been met for sometime by the process of adoption of children. This practice of adoption is becoming redundant because of highly innovative medical advancements in the reproductive technologies. Artificial insemination is one of it which is gaining momentum in many parts of the globe in recent times because it provides a viable alternative to many childless couples.

New technologies or inventions often open heated debates in the society. It is exemplified in various instances like human cloning, etc. Such controversies come to an end only when proper laws are framed to accommodate them. It is no exaggeration to say that acceptance of new technologies is often contingent upon the reaction of legal system.

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