2025· Comparative Studies in Jurisprudence, Law, and Politics· Vol 7· 0 citations
Abstract
Today, due to significant advances in science, particularly in the field of genetic engineering, some individuals have not limited their use of genetics merely to gene correction, disease treatment, and therapy. Instead, they have gone further, utilizing genetic science to make alterations to their embryos based on personal desires and preferences, such as changing eye color, enhancing memory, determining gender, and more. In many cases, genetic manipulation of the embryo does not lead to the desired or expected outcome for the parents, and may even result in adverse effects, causing defects or abnormalities in the embryo. This article, using the library research method and referencing legal sources and scholarly opinions, examines the factors involved in genetic manipulation of embryos and the liability arising from such actions. The summary of the research suggests that genetic specialists, gynecologists, and laboratory staff, when acting based on customary standards, are liable for any damage caused to the embryo and must compensate for the harm. It is noteworthy that due to customary reliance, their responsibility may sometimes be determined as joint liability due to direct involvement, stronger causality, or the participation of all contributing factors.
Law is a dynamic concept. With the advancement of science and technology, the relevance of scientific evidence has also multiplied leaps and bounds. Presumption based on abstract principles of morality, human behavior, public policy, ordinary course of nature etc. can never have an upper hand over the scientific evidence accepted by the global society. In order to uphold the validity and authenticity of scientific evidence and to bring it out of the domain of right to privacy and right against self-incrimination under Article 21 and 20(3) of Indian Constitution respectively, Parliament enacted the Criminal Procedure (Identification) Act, 2022. Conventional legislations like Indian Penal Code, 1860, Criminal Procedure Code, 1873, Indian Evidence Act, 1872 etc, often came in conflict with modular scientific evidence. At the time when such laws were enacted, the Legislature could not even imagine that something called DNA Testing could ever come into existence and become fundamental for identification of individuality. In contrast, the Criminal Procedure (Identification) Act, 2022 was designed to accommodate modern forensic techniques and now operates alongside the newly introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced the CrPC, 1973. With this background in mind, researchers have made a sincere effort to culminate the different contours of DNA testing, conflict between scientific evidence and presumptions of conventional law.
Vinod Kumar, Mehakpreet Kaur, Mona Goel· International Journal For Mu...· 0 citations
This study aims to reconstruct the constitutional status of embryos in the era of biotechnology, where in vitro fertilization (IVF), embryo culture, cryopreservation, and embryo research have become commonplace. The current legal order regulates prenatal life in a fragmented manner across different domains. Notably, the Constitutional Court’s 2005헌마346 decision denied the subjecthood of fundamental rights of in vitro embryos prior to implantation and primitive streak formation, adhering to the 14-day rule. However, as technological advancements have enabled research beyond this limit, international research ethics guidelines have reclassified this boundary into an adjustable domain, exposing the rule's nature as a practical compromise. In response, this study proposes the individual continuity of human development—from fertilization to birth—as the core criterion for determining the constitutional status of embryos. By reframing the fertilization theory within the protective framework of human dignity and the right to life under Article 10 of the Constitution, this paper establishes a constitutional baseline for the definition of a human being that remains independent of technological subordination. Furthermore, by defining embryos as provisional and conditional subjects of fundamental rights, this study decouples the recognition of subjecthood from the calibration of protection intensity. It then demonstrates that tiered protection and the balancing of interests are achievable, given the distinct structures of fundamental rights conflicts between in vivo embryos/fetuses and in vitro embryos. Ultimately, this study seeks to present a coherent constitutional baseline regarding the question of 'who is a human being' in the era of biotechnology.
Jun Yeop Kim, Yoo Jin Kim, Seokmin Jang· Catholic Institute of Bioeth...· 0 citations
Research on the human embryo conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project, aims to develop the technology of medically assisted procreation. But the doctrine is divided on the question of the legitimacy of this research. The source of this division is the legal status of the embryo. Is it a thing or is it a person?
If the embryo is a person, research on it is, in principle, prohibited; whereas if the embryo is considered a thing, this research is permitted.
Medically assisted procreation raises many ethical, religious and legal problems, the most important of which is the fate of embryos conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project. The question has arisen as to whether these embryos could be the subject of research.
On the eve of the twenty first century, India is at a tipping point in the regulation of Assisted Reproductive Technology (ART) with two legislation Acts namely, the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. This formally introduced the idea of regulation in a space that was previously largely unregulated for more than four decades. This review research paper aims to explore and examine the legal and ethical implications of ART in light of ‘human rights’, with a comprehensive analysis, while questioning the ability of the regulatory framework to ensure the reproductive autonomy, dignity and equality of every individual seeking the aid of ART. Based on a systematic review of the constitutional jurisprudence, landmark Court judgments of Indian Supreme Court and various High Courts, as well as peer-reviewed scholarly literature and state-wise epidemiological data, the current research suggests that the 2021 Acts, though a significant improvement normatively, also have constitutionally questionable and ethically unsound structural exclusions, in particular of LGBTQ+ citizens, single fathers, widowed and divorced women, and economically marginalised groups. Specifically, the above cases: Baby Manji Yamada vs Union of India (2008), Jan Balaz vs Anand Municipality (2009), Suchita Srivastava vs Chandigarh Administration (2009), K.S. Puttaswamy vs Union of India (2017), and Arun Muthuvel vs Union of India (2022-2025)– indicate a court that is becoming more open-minded to the idea of reproductive rights as fundamental constitutional rights. The paper also calls for a legislative reform, based on rights that places human dignity, autonomy and substantive equality at its heart.
Shayani Chakraborty, Souvik Roy· Journal of Human Rights Law...· 0 citations
The topic of posthumous parenthood from frozen embryos raises numerous ethical, legal, medical, and population policy questions. As a result, the topic's complexity requires a multidisciplinary approach. This paper analyzes several key issues and various perspectives related to them, including: 1) the fate of frozen embryos from an ethical standpoint; 2) the principle of the best interest of the unborn child; 3) the rights of couples who wish to become parents through this method. These rights often conflict, prompting the question of which should be given precedence. Based on an analysis of normative frameworks, case law, and relevant theory in Serbia and abroad, the authors attempt to address several important questions, including the ethical justification and legal certainty of posthumous parenthood, as well as the ethical and medical legitimacy of certain procedures involving unused embryos. Research results show that there is no unified stance on the justifiability of fulfilling the desire for parenthood in this manner. Countries regulate the permissibility of posthumous parenthood from frozen embryos in various ways. Legal regulations stating that a frozen embryo may not be used or transferred to the surviving partner after the death of one of the partners have been challenged by judicial practice. A case in point is the court rulings in the Republic of Serbia, which in 2024 allowed embryos to be returned to the surviving partner under a judicial testament. Serbia is now between a restrictive legal model and emerging case law that indicates the need for urgent legislative intervention. Similar cases exist in other countries and will be presented in the paper. In the event of potential legislative amendments, it is essential to consider the rights of all individuals involved in the process, as well as those who may arise through the application of this method. It is the responsibility of state authorities to make all decisions concerning children, including unborn children, in accordance with the principle of the best interest of the child. If there were to be changes in the legal provisions related to posthumous reproduction, it is necessary to adapt the regulations governing the area of inheritance law in parallel.
Aleksandra Janković, Ana Čović· Sociološki Pregled· 0 citations
Objective Genetic information is a special category of personal data that is relevant for its predictive reach. The purpose of this paper is to provide an overview of the state of the art on the communication of genetic test results in both clinical and judicial practice in Europe. Methods Starting from the research problem, legislation, policy documents and case law have been examined in order to combine legal, ethical, judicial and clinical aspects that shape the field of genetic test communication in Europe, with a specific focus on Italy. Results Data suggesting the state-of the art of genetic results communication in clinical practice has been analysed and organized in thematic sections. Conclusion A focus on consent and confidentiality is indicated by the numerous works that have emerged from the human genome project and the general ideas around predictive medicine. The real challenge consists in transforming the potential of genetic data from a personal, ultrapersonal dimension to a solidaristic one, which lies beyond the horizon of personalized and predictive medicine and uncovers a new dimension of universality. Therefore, health professionals’ éxpertise in genetic test communication plays a key role in modern potentials of the information retained within tests.
P. Di Lorenzo, M. Marisei, Marco Macculi et al.· Frontiers in Sociology· 0 citations