Surrogacy in India

Challenges of Posthumous Assisted Reproduction (PAR)

Prelims Only | Science Tech | Mains Paper 3: S&T - Applications In Everyday Life
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Posthumous Assisted Reproduction

Why in the News?

On October 4, 2024, the Delhi High Court allowed the parents of a deceased man to use his frozen semen for posthumous reproduction. The court cited a similar 2018 case in Germany and noted that the ART Act, 2021, doesn’t specifically address such situations.

What is Posthumous Assisted Reproduction (PAR)?

  • Posthumous reproduction refers to the use of reproductive material (such as sperm or eggs) from a deceased individual to conceive a child after their death.
  • This can include posthumous sperm retrieval, where sperm is collected from a deceased man (typically through medical procedures shortly after death) for future use in assisted reproductive technologies, like in vitro fertilization (IVF).

What does the Law says in India?

  • The Assisted Reproductive Technology (ART) Act, 2021 governs all fertility treatments and artificial insemination procedures.
  • The ART Rules, 2022 specify guidelines for posthumous sperm retrieval, but only in cases where the deceased was married, and the surviving spouse is the one requesting the retrieval.
    1. The Ministry of Health and Family Welfare (MoHFW) rejected the parents’ request, clarifying that the law does not apply to “post-mortem grandparenthood.”
  • The Surrogacy Regulation Act applies exclusively to married couples or women with medical needs for surrogacy and does not include grandparents as “intending grandparents.”

Challenges posed by Posthumous Assisted Reproduction (PAR):

PAR presents several legal, ethical, and social challenges:

  • Legal Issues: There’s a lack of clear laws governing the use of gametes after death, especially regarding consent from the deceased and questions about parentage and inheritance. The absence of specific regulations makes it difficult to establish who holds parental rights.
  • Ethical Concerns: Issues include the morality of using a deceased person’s genetic material, the commodification of human tissue, and concerns about grandparenthood. The emotional and ethical implications for surviving family members also come into play.
  • Social and Psychological Issues: Children born through PAR may face challenges related to knowing their deceased parent, and surviving partners may struggle with grief or guilt. Disputes over the deceased’s wishes can complicate family dynamics.
  • Biological Considerations: The long-term storage of gametes can lead to degradation, affecting the quality of embryos or sperm. Preserving genetic material for extended periods also presents technical challenges.
  • Cultural and Religious Concerns: Different cultures and religions may oppose posthumous reproduction, viewing it as morally or spiritually problematic.
  • Access and Equity: PAR can be expensive and may raise issues of access and commercialization, potentially leading to exploitation or unequal access to these technologies.

PYQ:

[2021] In the context of hereditary diseases, consider the following statements: 

1. Passing on mitochondrial diseases from parent to child can be prevented by mitochondrial replacement therapy either before or after in vitro fertilization of egg.

2. A child inherits mitochondrial diseases entirely from mother and not from father.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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