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@article{185195,
        author = {Gurmanroop Singh and Arshdeep Kaur},
        title = {Embryo Cryopreservation and Ownership Disputes in India: A Legal Analysis under the ART Act, 2021},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {5},
        pages = {618-620},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=185195},
        abstract = {Embryo cryopreservation has become a vital part of assisted reproductive technologies (ART). It allows couples to delay parenthood, improves the success rates of in-vitro fertilization (IVF), and provides an option for fertility preservation. Despite these benefits, the freezing and storage of embryos give rise to complex ethical, legal, and ownership questions-particularly when couples separate, divorce, or disagree on how the embryos should be used.
Around the world, courts have taken different approaches to such disputes, often trying to balance one partner’s wish to have a child with the other’s right not to procreate. In India, the Assisted Reproductive Technology (Regulation) Act, 2021, along with the Surrogacy (Regulation) Act, 2021, provides an initial legal framework for ART practices. However, these laws do not directly address key ownership conflicts surrounding embryos.
This article explores the legal position of embryo cryopreservation in India under the ART Act, 2021. It reviews international case law, highlights the ethical debates, and examines the gaps in the Indian framework. Finally, it suggests reforms aimed at ensuring greater legal clarity, protecting patient autonomy, and safeguarding reproductive rights.},
        keywords = {Embryo cryopreservation; Assisted Reproductive Technology; ART Act 2021; embryo ownership; reproductive rights; India; surrogacy; bioethics; legal disputes; fertility preservation.},
        month = {December},
        }