Legal Dimension of Uterus Transplantation in India

Uterus transplantation is an important medical development that offers new hope to women who are unable to carry a pregnancy due to absolute uterine factor infertility. While this procedure creates new possibilities for motherhood, it also raises serious legal, ethical, and social concerns—especially in India, where there is no clear law that specifically regulates uterus transplantation. This paper examines the legal position of uterus transplantation in India by analysing existing laws such as the Transplantation of Human Organs and Tissues Act, 1994 and the ethical guidelines issued by the Indian Council of Medical Research. It argues that these legal frameworks were created mainly for life-saving organ transplants and medical research, and therefore do not adequately address the risks involved in an experimental, non-life-saving procedure like uterus transplantation. The paper also places uterus transplantation within the broader context of women’s reproductive rights under Article 21 of the Constitution of India and India’s international human rights commitments. It highlights concerns related to informed consent, protection of donors, medical risks, and the social pressure placed on women to bear biological children. By referring to international practices and ethical standards, the study identifies important gaps in regulation, particularly in relation to consent procedures, ethical oversight, legal accountability, and long-term follow-up of donors and recipients. The paper concludes by stressing the need for a clear and dedicated legal framework to ensure that uterus transplantation in India develops in a safe, ethical, and gender-sensitive manner that respects women’s dignity, autonomy, and bodily integrity.