Infertility is becoming increasingly widespread, impacting around 17.5% of the world’s population.
Some common reasons for infertility in both males and females are:
- Issues with the reproductive organ.
- Increased exposure to environmental contaminants.
- Obesity rates are rising.
- Common use of various drugs.
Understanding IVF
Infertility may not pose an immediate health risk, but it frequently causes significant emotional distress for couples and their families.
In-vitro fertilisation (IVF) has emerged as a viable option for couples who are having difficulty conceiving.
IVF creates a controlled laboratory environment in which sperm and eggs collected from respective partners can fertilise and develop into embryos.
To improve the likelihood of success, the female ovaries are stimulated to generate numerous eggs, which are then put back into the uterus following fertilization.
In terms of biological and legal relationships, how is in vitro fertilization different from traditional conception?
IVF varies from traditional conception in biological and legal terms. While societal views and beliefs influence the development of IVF, knowing these distinctions is critical for couples considering this choice.
Some differences between IVF and traditional methods are as follows:
Genetic variations
- In traditional conception, the embryo’s genetic material comes from both biological parents, half from the father and half from the mother. This leads to the conclusion that a child’s DNA is made up entirely of their mother’s and father’s genes.
- In IVF conception, the child’s genes will also include the donor’s DNA. The child’s genetic makeup will include DNA from the egg and sperm donor(s).
Legal Relationships Between Parents and Children
- In the traditional process of impregnation, the child’s legal parents are also biological parents.
- Under the Human Fertilization and Embryology Act, a man who consents to IVF treatment alongside his
- partner is considered the legal father.
- The egg and sperm donors have no right to claim the child born.
Child’s Inheritance Rights
- In traditional conceptions, inheritance rights are clear-cut, with children being considered as the natural heirs of their biological parents unless a will states otherwise.
- A child born through IVF will be granted the same rights and privileges as a normally conceived child. The donor will not have parental rights over the child.
Financial Aspects and Cost
- Women in traditional reproduction usually have regular medical examinations to monitor their pregnancy and handle any health issues that may occur.
- IVF, on the other hand, necessitates routine check-ups and additional fees for procedures such as egg or sperm donation, ICSI, and FET.
Why does IVF raise legal concerns?
Approximately 15% of married couples in India are categorized as subfertile or infertile.
Though in-vitro fertilization (IVF) has resulted in many happy births, this pioneering technology has also created some significant legal and ethical concerns.
These considerations include parental rights, the best interests of the kid, and bioethical issues associated to altering the reproduction process. Let us discuss these.
Entitlements of the IVF child.
According to the Assisted Reproductive Technology (ART) Act of 2021, any person born through assisted reproductive technology shall be recognized as a biological child of his parents who performed IVF procedures, and such child shall be treated as any other child born in the marriage within the scope of all applicable statutes.
Rights and responsibilities of parents.
Because IVF may involve both egg and sperm donors, ART (2021) states that a donor has no parental rights over any child or children born from his or her gamete. This helps to avoid legal issues over parental rights and child support.
Genetic testing of IVF embryos.
Preimplantation genetic diagnosis (PGD) is a popular prenatal method. It entails evaluating embryos made through IVF to detect genetic flaws. Only embryos that are free of these abnormalities are chosen for implantation in the uterus.
While genetic testing in IVF can provide couples with more reproductive options, it also raises significant ethical and legal concerns. Concerns have been raised about the prospect of genetic discrimination or embryo selection based only on chosen features.
Donor’s confidentiality.
When it comes to collecting and storing personal genetic information, there are worries about the donor’s privacy. There is a risk of unlawful access to this genetic information because DNA profiles can be constructed using donated sperm.
Conclusion.
IVF has undoubtedly transformed the field of reproductive medicine, providing hope to couples dealing with infertility.
However, it also raises legal and ethical concerns. Countries like as India, Turkey, and Dubai have devised different legislative frameworks to address these ethical concerns, guaranteeing that IVF-born children have the same rights as those conceived naturally.
As IVF evolves, continuous legal adjustments and adaptation to societal norms will be required to balance the requirements of parents, children, and society.