INTRODUCTION
Development in Artificial womb technology represents a prominent turning point in medical advancements. AWT allows fetuses to grow in a controlled ex utero environment, replicating every aspect of the physiological process involved in a traditional pregnancy. It’s not merely an advanced incubator but a life support system aiming to mimic the entire fetal development, such as providing physical protection, managing temperature and humidity with precision, facilitating nutrient and oxygen delivery, and much more. AWT is approaching clinical trials for human applications after animal studies have yielded positive results.
Historically, pregnancy was completely tied to the maternal body. The womb was the biological source for human development, but AWT completely differentiates reproduction from the human body, thereby making it more than a technological advancement. It is a multifaceted approach with extensive legal, ethical and social concerns.[1]
THE PROMISE: WHY PURSUE ARTIFICIAL WOMBS?
The potential benefits are evolutionary and relentlessly push for further innovation:
Mitigating Risks of Premature Delivery: This is the primary objective. AWT could help premature babies, allowing their bodies and other organs to develop in a protected environment, rather than mechanical ventilation. This could reduce the infant mortality rate and push them through adulthood to contribute to all aspects of society.
Relief from the Gestation Period: Chances are, this technology would help biological mothers who are not likely to want to go through their pregnancy due to various reasons, such as unpleasant experience, change in physical body, impact on mental health, etc. As it is more likely that this technology would take over the entire 9-month gestation period, approximately 40 weeks.
Breaking Down Social Divisions: This technology would remove social barriers such as workplace discrimination, as women fear losing their jobs due to pregnancy. This creates an opportunity where they can invest more time in their workplace.[2]
TECHNOLOGY BEHIND ARTIFICIAL WOMB
In 2017, Partridge et al. published their results of a device they created, which was womb-shaped and continued gestation ex utero. The catheters represent the umbilical cord for supplying water, nutrients and removal of waste products. An oxygenator ensures the supply of oxygen to the fetus. And the subject matter is sealed in amniotic fluid (bio-bag). 100% of the subjects survived and were delivered.[3]
Viability: Fetal viability means the point at which a fetus can survive outside the womb during pregnancy. In Roe v Wade (1973)[4], the court emphasised that the state had limited power to interfere with a pregnant woman’s choice to abort before fetal viability. In American law, this concept was the main key to balance between the state’s interest and reproductive rights. As 24 weeks is the optimal period for viability, it is feared that if AWT raises the viability to 20 weeks, then the state will restrict abortion sooner. Thus, this technology will probably have a setback on abortion rights.
Legal Personhood: A prominent legal implication is how to define personhood when it comes to fetuses delivered through AWT. Usually, personhood is recognised at birth. Born live infants are entitled to all legal rights just like everyone else. But in the case of AWT, a fetus developed outside the womb of a maternal body and delivered through an amniotic bag is difficult to recognise as a legal person. Thus, an artificially gestated fetus has a liminal legal status.
The Born Alive Infant Protection Act (2002)[5] grants legal rights to all infants born alive through traditional pregnancy. But in the case of an artificially gestated fetus, it’s questionable.
Parental Rights: Parental rights are another legal marker that AWT faces difficulty with. Usually, it is based on three aspects, such as the biological link to the child, the person carrying the child and the intent to be a parent. AWT removes human pregnancy, thus it is believed that the court might consider the intention to be a parent as an aspect to grant parental rights. During artificial gestation, the authority is given to the genetic parents and doctors to make decisions regarding the gestation process. This will force the court to make decisions without any existing laws if any dispute arises related to this matter. Thus, this technology challenges traditional family laws and pushes for a more extensive approach.
STRENGTHENING REPRODUCTIVE RIGHTS: INDIA’S PATH TO SAFER AND INCLUSIVE ABORTION LAWS
Even though there are no existing legal laws mentioning AWT, there is a similar technology for which a bill was passed. Assisted Reproductive Technology (ART) Bill, 2021[6], was passed to regulate fertility treatments and clinics in India. It aims to help couples dealing with infertility and to ensure the clinics provide safer and ethical procedures. In India, many couples face infertility and seek AWT for resolution. Earlier guidelines framed by the Indian Council of Medical Research helped to regulate these procedures. For instance, the Surrogacy Bill, 2019[7], aimed to regulate surrogacy, but a more comprehensive framework was needed to cover all the services under ART.
Thus, the Assisted Reproductive Technology (ART) Bill, 2021, was passed by the Lok Sabha to register clinics and banks offering these services. Also, it protects surrogate mothers and provides appropriate measures to safeguard the rights of people undergoing fertility treatments.[8]
THE MEDICAL TERMINATION OF PREGNANCY (AMENDMENT) ACT, 2021[9]
This act, after amendment, changed the rules around abortion:
- Earlier, women could terminate their pregnancy around 12 weeks upon one doctor’s approval and around 20 weeks upon two doctors’ approval.
- Now, a woman can terminate her pregnancy around 20 weeks with one doctor’s approval only.
- If the pregnancy is more than 24 weeks, then a state-level Medical Board of experts will decide whether abortion is allowed.
- For certain groups of women, especially survivors of sexual assault, minors or those facing special circumstances, can end their pregnancy around 20 to 24 weeks with two doctors.
CONCLUSION
Artificial Womb Technology represents a profound breakthrough in reproductive medicine and neonatal care. Its promise to mitigate complications and improve survival is prominent. However, the promise comes with a lot of legal, social and ethical issues, demanding robust oversight to prevent misuse and inequality. Thus, it is upon the state and the court to frame a proactive, comprehensive regulatory approach, keeping in mind the welfare of the fetus and the reproductive rights of a woman.
Author’s Name: Janavi Nithiyanandan (SRM, School of Law, Kattangalathur)
[1] Ketchum, Anna, ‘Navigating the Legal and Ethical Implications of Artificial Womb Technology’ (2025) 2(2) Washington University Undergraduate Law Review < https://journals.library.wustl.edu/wuulr/article/id/9075/ > accessed 9 September 2025
[2] Victoria Hooton and Elizabeth Chloe Romanis, ‘Artificial womb technology, pregnancy, and EU employment rights’ (2022) 9(1) Journal of Law and the Biosciences lsac009 < https://watermark02.silverchair.com/lsac009.pdf > accessed 10 September 2025
[3] Elizabeth Chloe Romanis, ‘Artificial Womb Technology and Clinical Translation: Innovative Treatment or Medical Research?’ (2020) 34 Bioethics 392 < https://pmc.ncbi.nlm.nih.gov/articles/PMC7216961/ > accessed 10 September 2025
[4] Roe v Wade 410 US 113 (1973)
[5] Born-Alive Infants Protection Act of 2002, Pub L No 107–207, 116 Stat 926 (2002)
[6] Assisted Reproductive Technology (Regulation) Bill 2021 (India)
[7] Surrogacy (Regulation) Bill 2019 (India)
[8] PRS Legislative Research, Assisted Reproductive Technology (Regulation) Bill, 2021: Issues for Consideration (PRS India) <https://prsindia.org/billtrack/prs-products/issues-for-consideration > accessed 10 September 2025
[9] The Medical Termination of Pregnancy (Amendment) Act 2021
