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ARTICLE · 29 JULY 2025

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Judicial Review Of Assisted Reproductive Technology (Regulation) Act, 2021

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Technology in the medical field has evolved over the years and gradually gave birth to alternate reproductive options, by introducing the Assisted Reproductive Technology (Regulation) Act, of 2021 (ART Act).

IndiaTechnology
Vivek Jhunjhunwala
Vivek Jhunjhunwala
Sachin Shukla
Sachin Shukla
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I. Introduction

Technology in the medical field has evolved over the years and gradually gave birth to alternate reproductive options, by introducing the Assisted Reproductive Technology (Regulation) Act, of 2021 (ART Act). The ART Act marks a significant legislative intervention in India's healthcare landscape. The Act encompasses framework to govern reproductive procedures, ensuring transparency, accountability, liability, and ethical practices in ART clinics/banks. By safeguarding the interests of donors, commissioning parents, and children born through ART, it addresses enduring concerns of exploitation, commercialisation, and regulatory vacuum in the reproductive health sector. This paper attempts to critically analyse the ART Act, by examining its interplay with the Surrogacy (Regulation) Act, of 2021 (Surrogacy Act), and highlights emerging judicial trends shaping the interpretation of these laws, particularly concerning and reproductive rights.

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