The Indian Chapter: Posthumous Conception - Rights & Issues

Abstract

One of the most defining factors of civilised humankind is the preservation and sustenance of one’s lineage, along with the appropriate accordance of rights and si▪gnificance. During preceding centuries, the decease of a person without birthing a child would have been considered a tragedy due to the impossibility of the continuance of their lineage. However, through the development of modern technology, such as Assisted Reproduction through artificial insemination, this impossibility has been redressed, allowing couples who were conventionally not able to birth children to have them and preventing any possible transmission of undesirable genetic traits. In light of the novel health conditions plaguing the world, such as the COVID-19 pandemic, the future is predicted to witness increased demand for such Assisted Reproductive Technologies (hereinafter ‘ARTs’). However, unlike other developed and developing countries, India, though allowing legal ART, has no provisions regarding posthumous conception and the legal rights of such conceived children, which is a huge lacuna in the legal system and structure for the future. The lack of such legislation and the dearth of research and opinions on the same has left a gaping hole that must be redressed swiftly and succinctly for a better future, which is the main objective of this research paper.