Infertility is emerging as a common problem affecting approximately 17.5% of people worldwide.
Some common causes for infertility in both males and females include-
- Issues in reproductive organ
- Increased exposure to environmental toxins
- Rising rates of obesity
- Widespread use of certain medications
Understanding IVF
Infertility may not be an immediate health threat, but it often brings huge emotional stress for couples and their families.
In-vitro fertilisation (IVF) has become a solution for couples struggling to conceive.
In IVF, a controlled laboratory setting is provided where sperm and eggs retrieved from respective partners can fertilise and develop into embryos.
To increase the chances of success, the female’s ovaries are stimulated to produce multiple eggs, which are later transferred back into the uterus after fertilisation.
How does IVF Differ from Traditional Conception in terms of Biological and Legal Relationships?
IVF differs from traditional conception in both biological and legal aspects. While societal attitudes and values shape the development of IVF, understanding these differences is crucial for couples exploring this option.
Some aspects of IVF in contrast with the traditional method are as follows:
Genetic Variations
- In traditional conception, the genetic material of the embryo is from the biological parents, 50% from the father and 50% from the mother. This concludes that a child’s DNA is a combination of their mother’s and father’s genes only.
- In IVF conception, the genes of the child will also contain the donor’s DNA. The child’s genetic material will include DNA from the egg and sperm donor(s).
Legal Relationships Between Parent and Child
- In the traditional method of impregnation, the legal parents of the child born are their biological parents as well.
- In the case of IVF, under the Human Fertilisation and Embryology Act, a man who undergoes treatment with his partner and consents to it becomes the legal father.
- The egg donor and sperm donor have no rights to claim the child born.
Inheritance Rights for the Child
- In traditional conception, inheritance rights are clear-cut, with children typically recognised as the natural heirs of their biological parents unless a will specifies anything else.
- A child born through IVF will have the same rights and privileges as a naturally conceived child. The donor will have no parental rights over the child.
Financial Aspects and Cost
- In traditional reproduction, women typically undergo regular medical examinations to monitor their pregnancy and address any health issues that may arise.
- IVF, on the other hand, involves routine check-ups and additional costs for procedures like egg or sperm donation, ICSI, and FET.
The cost of IVF treatment in India is also influenced by the cycles of hormonal therapies, medications, etc.
This distinction highlights that IVF has some biological and legal implications which need to be discussed.
Why is IVF a Subject of Legal Concern?
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Approximately 15% of the married couples in India can be classified as sub-fertile or infertile.
Though In-vitro fertilisation (IVF) has given rise to many joyous births, this groundbreaking technology has also raised some complex legal and ethical questions.
These concerns include parental rights, child’s best interests, and bioethical issues related to the alteration of the process of reproduction. Let’s discuss them.
Entitlements of the IVF child
As per Assisted Reproductive Technology. (ART), 2021, it states that any person who is born through the Assisted Reproductive Technology shall be recognised as a biological child of his parents who performed IVF procedures and such child shall be treated as every other child born in the marriage with respect of the scope of all statutes in force.
Rights and Responsibilities of the Parents
Since IVF may involve egg donors and sperm donors, it has been mentioned in ART (2021) that a donor shall be devoid of all parental rights over the child or children who may be born from his or her gamete. This helps to avoid legal questions about parental rights and child support.
Genetic Testing of the IVF Embryo
Preimplantation genetic diagnosis (PGD) is a widely used prenatal technique. It involves examining embryos created through IVF to identify any genetic defects. Only embryos free from these defects are selected for implantation into the uterus.
While genetic testing in IVF can offer couples more reproductive choices, it also brings up important ethical and legal issues. For instance, concerns arise around the potential for genetic discrimination or the possibility of selecting embryos based on preferred traits only.
Confidentiality of Donor
When the collection and storage of personal genetic information are considered, it raises concerns about the privacy of the donor. There is a risk of unauthorised access to this genetic information, as DNA profiles can be generated with the donated sperm.
Legal Frameworks and Regulations for IVF in India in Contrast with Other Countries
IVF has emerged as a revolutionary approach for couples who can’t conceive. Considering the approach, It’s mandatory to provide privacy and consent rights to couples and protect the rights of children born through IVF.
In countries such as India, Turkey, and Dubai, these disputes revolve around parental rights, the use of donor gametes and compliance with regulatory frameworks associated with different countries.
They have established different laws to address these concerns, ensuring that such children enjoy the same rights as naturally conceived children without any discrimination.
Legal framework in India for IVF
India does not have a specific law to regulate IVF. Indian Council of Medical Research (ICMR), a regulating body involved in medical research, has published certain guidelines to regulate ART which are as follows:
Anonymous Donor Identity
The Act ensures that the donor identity remains anonymous, and donors do not have any parental rights or obligations on the embryo being generated with their donated sperm.
IVF clinic registration
In India, all ART-centred clinics must be registered with the appropriate authorities and follow the guidelines set by the Assisted Reproductive Technology (Regulation) Act 2021.
They must meet specific standards regarding advanced infrastructure, high-quality equipment, and IVF expert qualifications.
Legal Framework for IVF in Turkey
Considering the need for IVF treatment, hospitals in Turkey allow for various procedures like FET, ICSI, etc.. This altogether affects the cost of IVF treatment in Turkey.
However, some of the restrictions associated with IVF in Turkey should be understood in order to analyse the legal framework in detail.
Some of them are discussed below.
Mandatory IVF regulations in Turkey
- The “Regulation on Assisted Reproductive Treatment Practices and Assisted Reproductive Treatment Centers” (2014) is the primary legal framework for IVF in Turkey.
- This law is supported by The Turkish Civil Code, Turkish Penal Code, Law on Removal, Storage, Vaccination and Transplantation of Organs and Tissues, and Human Rights Biomedicine Convention to protect human rights and address ethical concerns.
Establishment of IVF hospitals in Turkey
- In Turkey, IVF centres come under the obstetrics and gynaecology department. IVF centres cannot be created in a separate place outside the hospital or campus. Also, it is not allowed to conduct more than one centre within the hospital.
- Depending upon the establishment types, IVF centres in Turkey, like India, require a licence or registration to ensure that the treatment is conducted under medico legal norms only.
Requirements for IVF
- IVF treatment in Turkey is restricted to married couples who are unable to reproduce due to infertility
- In Turkey, sperm/egg donations are not allowed, and only the genetic material of the married couple can be used; third-party donations are prohibited.
- There is no official upper age limit for IVF, but social security support for IVF has been limited to individuals under 40.
The regulations mentioned above regarding IVF in Turkey is generic and hence It’s essential to consult with healthcare professionals or legal IVF experts in Turkey for the most up-to-date and specific regulations.
Legal Framework for IVF in Dubai
Considering the increasing requirement for IVF, Dubai recently made some reforms which not only impact the rights of couples but also the cost of IVF treatment in UAE . Some of the reforms are listed below.
- The recent amendments to the law have extended IVF access to unmarried non-muslims as well.
- Couples in Dubai can now preserve embryos for up to 5 years, which can also be extended. Earlier, the preservation of only sperm and donors was allowed.
- Muslim couples must continue to provide proof of marriage before undergoing IVF treatment, reflecting the importance of familial bonds in Islamic law.
- Individuals can now opt for egg freezing, providing them with more control over their family planning under legal norms.
- The use of external sperm or egg donors remains restricted, emphasising Dubai’s focus on familial bonding as well as legal compliance.
Conclusion
IVF has surely revolutionised the area of reproductive medicine, offering hope to couples struggling with infertility.
However, it also presents legal and ethical challenges. Countries like India, Turkey, and Dubai have developed distinct legal frameworks to address these ethical concerns, ensuring that children born through IVF have the same rights as those conceived naturally.
As IVF continues to evolve, ongoing legal changes and adaptation to societal norms will be essential to balance the needs of parents, children as well as society.
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