Legal Implications And Role of AI in Emerging Technologies Of Surrogacy
Madhavi Modi
DOI:
Abstract
The convergence of Artificial Intelligence (AI) with Assisted Reproductive Technology (ART) and surrogacy is transforming reproductive healthcare by improving clinical decision-making, enhancing embryo selection, optimizing surrogate matching, and increasing the success rates of fertility treatments. While these technological advancements offer new opportunities for addressing infertility, they also raise significant legal, ethical, and regulatory concerns relating to privacy, data protection, informed consent, algorithmic bias, genetic intervention, and accountability. This paper critically examines the legal implications of integrating AI into surrogacy and ART within the Indian legal framework. Adopting a doctrinal research methodology based on statutory provisions, judicial developments, policy documents, and scholarly literature, the study analyses the Surrogacy (Regulation) Act, 2021, the Assisted Reproductive Technology (Regulation) Act, 2021, the Surrogacy (Regulation) Rules, 2022, and the evolving data protection regime. It evaluates the role of AI in surrogate selection, reproductive planning, genetic screening, and healthcare management while identifying regulatory gaps in relation to transparency, fairness, privacy, and ethical governance. The paper argues that although India’s existing legal framework provides safeguards against commercial exploitation and protects the rights of surrogate mothers and intending parents, it does not adequately regulate AI-driven decision-making in reproductive technologies. The study concludes that a comprehensive AI governance framework specific to reproductive healthcare is essential to ensure accountability, protect reproductive rights, safeguard sensitive medical data, and prevent discrimination. It recommends integrating ethical AI principles, robust data protection measures, human oversight, and transparent regulatory mechanisms to balance technological innovation with constitutional values, human dignity, and reproductive justice in the evolving landscape of AI-assisted surrogacy.