Published Paper Details:

Assisted reproductive technologies have posed legal and ethical questions, especially in the realm of posthumous reproduction, i.e., using a deceased male's gamete for procreation. In India, the Assisted Reproductive Technology (Regulation) Act, 2021, was passed to provide a legal framework for the regulation of fertility clinics and procedures; however, it conspicuously remains silent on the posthumous use of gametes, especially in the case of unmarried persons. In the recent petition before the Bombay High Court, a mother pleaded for granting her access to her deceased 21-year-old unmarried son's frozen semen to continue the family lineage, thus highlighting the lacunae in the Indian statute. This raises adamant questions: the issue of consent, ownership of biological material, and the treatment of gametes as property. The study critically examines and explores gaps within the ART Act, 2021 regarding such sensitive matters and analyzes whether the existing legal framework in India is able to deal with the fine nuances of posthumous reproductive rights. It further analyzes the intersection between reproductive autonomy and family rights with cultural values regarding lineage. Using comparisons with global legislative responses and judicial trends, the paper calls for an ethically grounded and rights-based reconstruction of reproductive laws in India that bring about clarity and consent whilst ensuring dignity in these very personal decisions.