Navigating Regulation and Reproductive Autonomy: An Analysis of the Assisted Reproductive Technology (Regulation) Act, 2021

The Assisted Reproductive Technology (Regulation) Act, 2021, represents India's first law that governs assisted reproduction and fertility. Current developments in the field of assisted reproductive technology necessitated the creation of this new Act. Thus, the researcher shall analyze the Act critically in terms of the Indian Constitution, in particular, concerning the rights pertaining to privacy, dignity, equality, and reproductive autonomy, as well as the case law that defines those rights. Additionally, the researcher shall assess the provisions of the Act which do not afford all individuals consideration for an assisted reproductive technology as well as the provisions regarding the age restrictions imposed upon individuals in accessing the assisted reproductive technologies. This study also examines how courts are dealing with posthumous reproduction. Courts operate with varying degrees of discretion owing to the absence of legislation on this point, fostering a body of jurisprudence that is, albeit fragmentary, rights-focused. While it is positively noted that they address the legislative void, however they are ironically, quite prescriptive, and to some extent, protectionist. The paper concludes by proposing reforms aimed at enhancing inclusivity, affordability, privacy protection, and adaptive governance. Ultimately, it contends that the success of India’s assisted reproduction regime will depend on its ability to remain responsive to constitutional values and social change, ensuring that regulation functions as a framework for empowerment rather than constraint.