Written By – Deva Nanda A

Overview

Artificial Womb Technology (AWT) is one of the most revolutionary developments in medical technology, which continues to push the boundaries of human reproduction. By creating an artificial environment that mimics the natural conditions of a womb, AWT permits fetal development outside the human body. AWT is currently posing challenging legal, ethical, and societal issues, despite its original goal of improving neonatal care and increasing survival rates for premature infants.

A fetus in an artificial womb belongs to whom? Can AWT take the place of traditional surrogacy and pregnancy? How are such pregnancies handled by India’s reproductive laws, such as the Medical Termination of Pregnancy (MTP) Act, 1971, the Assisted Reproductive Technology (ART) Act, 2021, and the Surrogacy (Regulation) Act, 2021? Finding a balance between fetal protection and reproductive rights is crucial as technology advances so that laws can keep up.

Comprehending Artificial Womb Technology (AWT)

AWT, which is an ectogenesis, is the process of growing a fetus outside the human body in a controlled artificial environment. It closely resembles the environment of a biological womb by supplying oxygen, nutrients, and amniotic fluid circulation to support fetal development.

The Biobag Experiment: An Advancement in AWT

The “Biobag” experiment, which was developed in 2017 by researchers at the Children’s Hospital of Philadelphia, showed promise for caring for extremely premature babies by creating a simulated womb in which premature lamb fetuses were kept for a few weeks. By supplying nutrients and oxygen, the biobag allowed the fetus to grow outside the human body, simulating a natural womb. Animals have been used in experiments, but more research is necessary before it can be applied to people.

AWT’s Scientific Advantages

1. Higher Neonatal Survival Rates

Because their lungs are too young to function on their own, preterm babies frequently suffer from respiratory failure. By creating an environment for amniotic fluid that promotes healthy oxygenation and fetal growth, AWT prevents lung collapse.

2. Reduced Infection and Organ Failure Risk

Due to their immature immune systems, preterm infants are more susceptible to infection in traditional neonatal incubators. By mimicking the sterile amniotic cavity, AWT significantly reduces infection risks and promotes healthier fetal development.

3. Better Organ and Brain Development

Due to incomplete fetal development, preterm infants have neurological impairments and developmental abnormalities. By facilitating gradual organ formation, AWT reduces long-term health issues.

From Disputation to Adoption: Gaining Knowledge from Incubators

There was skepticism when incubators were first introduced in the late 19th century because it seemed strange to place delicate newborns in glass chambers. However, they became indispensable in neonatal care around the world once their ability to save lives was demonstrated. AWT might take a similar course. Even though the idea of fetal development away from the human body may turn out to be morally complex, it may be more acceptable if it is presented as a way to save lives. Rather than as a replacement for pregnancy. To prevent misuse, strict ethical guidelines and oversight will be required.

Instead of being marketed as a technology that interferes with a natural pregnancy, AWT should be promoted as a remedy for preterm birth in order to win over the public and the law. Making this distinction is crucial to preventing needless ethical backlash. To stop its abuse, there must also be explicit medical regulations in place. Before considering human trials, ethical issues like commercialization or unapproved genetic modifications must also be addressed.

AWT as a Countermeasure to Exploitation of Surrogacy

The Drawbacks of Surrogacy Women Who Are Underpaid and Exploited

For many years, surrogacy has been seen as a way for couples who are unable to conceive naturally, but commercial surrogacy has led to widespread women’s exploitation, particularly in developing countries like India. Most surrogate mothers come from lower socioeconomic groups and frequently donate their wombs out of financial need. The women are frequently underpaid or unpaid, and they are taken advantage of by clinics and middlemen. Additionally, surrogates face social stigma, physical health hazards, and emotional trauma, all of which have contributed to the contentious nature of the surrogacy industry.

AWT: A Way to Address Surrogacy Issues

AWT would end the exploitation of weak women in the surrogacy industry and make the use of surrogate mothers obsolete. By doing away with the need for a surrogate, AWT would protect intended parents from the dangers of coerced pregnancies, unpaid labor, and commercialization. Additionally, AWT would allow single parents and same-sex couples to conceive naturally without the need for surrogates. When used properly, AWT can replace traditional surrogacy and make childbirth a self-reliant reproductive process that doesn’t require the use of a human body.

The Ethical and Legal Difficulties with AWT

The fact that there is currently no legal framework in place to regulate the application of AWT in India is one of its biggest problems. AWT pregnancies are not covered by the Medical Termination of Pregnancy (MTP) Act, of 1971, which was last amended in 2021. However, it does allow abortions up to 24 weeks in extreme cases. This raises legal questions about parental liability, fetal personhood, and the right to an abortion.

Whether a biological mother has the authority to end an AWT pregnancy is a major legal question. Does the woman’s right to an abortion extend to a fetus growing outside the body or in an artificial womb? Reproductive autonomy advocates believe that a woman should have complete control over her pregnancy, including the ability to terminate an ectogenetic fetus. However, detractors claim that abortion would be the same as infanticide if a fetus could be maintained alive in an artificial womb. Fetal transfer laws, in which unintended pregnancies are maintained outside the body rather than terminated, maybe the next step in the abortion rights movement.

The fetus’s custody is another essential issue. Who has legal custody of a fetus if AWT permits its transfer from a woman’s womb to an artificial womb? While some believe that biological parents should have full rights, others think that the state should step in and make arrangements for the adoption of an AWT fetus if its parents abandon it. This begs the question whether states could restrict women’s reproductive rights by outlawing abortion through artificial gestation.

Legal Framework: Should India Create a Standalone AWT Law or Modify the ART Act?

India has two legal options to tackle AWT Complexities. It can either amend the Assisted Reproductive Technology (ART) Act, 2021, to include specific provisions governing parental rights, AWT research regulation, and fetal custody. As an alternative, it could pass an independent AWT law. This will ensure that there are no legal loopholes and that the technology is developed ethically and with parental consent.

Adopting a stand-alone “Artificial Womb Technology Regulation Act” is an additional strategy that could establish guidelines for research, establish legal rights for AWT fetuses, and prevent commercial exploitation. Since AWT is still in its theoretical stages, India must actively regulate it to prevent it from becoming a gray area of the law.

Conclusion: AWT’s Future Planning

AWT is rapidly becoming a scientific reality rather than science fiction. However, existing laws in India, including the Surrogacy Regulation Act (2021), the ART Act (2021), and the MTP Act (1971), are not prepared to take artificial gestation into account. India must amend the MTP Act to codify termination rights in AWT pregnancies, extend the ART Act to cover AWT-based gestation, and provide ethical protections to prevent commercialization in order to prevent law and order crises.

Although AWT can help infertile couples and revolutionize newborn care, it may also result in ethical and legal quandaries if proper legal frameworks are not in place. As science advances, laws must adapt before technology takes precedence over regulations.