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REPRODUCTIVE TECHNOLOGY
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Ms. A. Bansal
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Syed Aqib Husain
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REPRODUCTIVE TECHNOLOGY

SUBMITTED TO-

SUBMITTED BY-

B.A.LL.B.(Hons.)
4 Year,8th Semester
th

Health LawPage 1

REPRODUCTIVE TECHNOLOGY

INDEX
Acknowledgement
Introduction
Meaning and Reasons of surrogacy
Surrogacy – International Scenario
Health Risks Associated with Surrogacy
Indian Scenario
Conclusion
Abortion as a Human Right
The Historic Decision of: Roe Vs. Wades (1973)
The Indian Perspective
Case laws in this regard
Right To Abortion Of The Mother Vs Right To Life Of The Unborn
Paternity testing
Types Of Paternity Testing
Answers To Frequently Asked Questions About Paternity Testing

ACKNOWLEDGEMENT
Health LawPage 2

Introduction Health LawPage 3 .A. I would also like to thank my family and friends who have helped me out in the making of this assignment on ‘REPRODUCTIVE TECHNOLOGY .REPRODUCTIVE TECHNOLOGY The credit for the completion of this assignment goes to Almighty Allah and my Health Law teacher Ms. Syed Aqib Husain. Thanking All. Bansal who has devoted her precious time in the matter of this assignment.

(b) Natural (Traditional/ Straight) Surrogacy: In traditional surrogacy the surrogate is pregnant with her own biological child. while the Child constructs the Parents socially. The roots of surrogacy can be traced long back in Indian history. medico-legal luminaries as well as public at large. The world’s second and India’s first IVF (In Vitro Fertilization) baby Kanupriya alias Durga was born in Kolkata on Oct. EXPRESSIONS: (a) Surrogacy: Surrogacy is a method of reproduction whereby a woman (referred to as surrogate) agrees to carry a pregnancy and give birth as a substitute for the contracted party/ies.REPRODUCTIVE TECHNOLOGY The Parents construct the Child biologically. Since then the field of assisted reproductive technology (ART) has developed rapidly. With the acceptance of same sex marriages/union and the recognition of the basic human right to have family and children has given rise to surrogacy manifold. surrogacy has become a topic of deep interest amongst the government of different nations. However. at the same time nations all across the globe are condemning commercial surrogacy as it results in commercialization of human reproductive system and co modification of children. 19781. For it’s various socio–ethical reasons. Surrogacy may be Natural (traditional / Straight) or Gestational. But legally the laws related to surrogacy are still in the nascent stage. The child may be conceived via sexual 1 Subhash Mukhopadhyay who created the world's second and India's first child using in-vitro fertilisation Health LawPage 4 . but this child was conceived with the intention of relinquishing the child to be raised by others such as the biological father and possibly his spouse or partner and thus the child that results is genetically related to the Surrogate mother. With the recent growth in the Intended parents opting for surrogacy here. 3. The codified law is yet to be adopted and implemented. At present the agreement between the parties based on the ART Guidelines are the guiding force. India has become the much sought after surrogacy destination.

the surrogate relinquishes the child to the biological mother and/or father to raise. sperm from a sperm donor can be used. After birth. Meaning and Reasons of surrogacy 2 the deliberate introduction of sperm into a FEMALE'S uterus or cervix for the purpose of achieving pregnancy through in vivo fertilization by means other than sexual intercourse Health LawPage 5 . a surrogate is only a carrier/female host and is not genetically or biologically related to the child. (e) Altruistic Surrogacy: Altruistic surrogacy is a situation where the surrogate receives no financial reward for her pregnancy or the relinquishment of the child (although usually all expenses related to the pregnancy and birth are paid by the intended parents such as medical expenses. Commercial surrogacy is also known as ‘wombs for rent’. diet and other related expenses). the embryo would have been a donated embryo). (c) Gestational Surrogacy: In gestational surrogacy. This procedure is legal in several countries including India. which is performed at a fertility clinic. or alternatively. or ICI (intracervical insemination) 2. home artificial insemination using fresh or frozen sperm or impregnated via IUI (intrauterine insemination). accommodation. The Surrogate is implanted with an embryo that is not her own. maternity clothing. or to the adoptive parent(s) (in which case. outsourced pregnancies’ or ‘baby farms’. (d) Commercial Surrogacy: Commercial Surrogacy is a form of surrogacy in which a gestational carrier is paid to carry a child to maturity in her womb and is usually resorted to by higher income infertile couples who can afford the cost involved or people who save or borrow in order to complete their dream of being parents. and becomes pregnant with a child to which she is not the biological mother. The surrogate mother may be called a gestational carrier.REPRODUCTIVE TECHNOLOGY intercourse. Sperm from the male partner of the 'commissioning couple' may be used.

uterine malformation or with a history of recurrent abortions or any medical illness making her pregnancy a risk to her own health. this is in effect a free surrogacy. The agencies making arrangement for surrogacy for the intended parents often help them to manage the complex medical and legal aspects involved in process. There can be several reasons behind surrogate pregnancy. which means "appointed to act in the place of. A female intending to be a parent may also be fertile and healthy. The word "surrogate.g. For instance. She may be the child's genetic mother (the more traditional form of surrogacy) or she may be implanted with an unrelated embryo. Whereas.. governments and religious groups have questioned the ethics of involving money in a child's birth. e.REPRODUCTIVE TECHNOLOGY Surrogacy is a method of assisted reproduction whereby a woman agrees to become pregnant for giving birth to a child for others to raise." Altruistic surrogacy is where a surrogate mother agrees to gestate a child for intended parents without being compensated monetarily in any way. woman with hysterectomy. In other words." is rooted in Latin "Subrogare" (to substitute). but unwilling to undergo pregnancy. surrogacy is the only available option for parents who wish to have a child that is biologically related to them. commercial surrogacy is an option in which intending parent offers a financial incentive to secure a willing surrogate. In some cases. Commercial surrogacy is a controversial method of conception because people. Having another woman bear a child for a couple to raises usually with the male half of the couple as the genetic father is referred to in antiquity. intended parents may arrange a surrogate pregnancy because a woman who intends to be parent is infertile or unable to carry a pregnancy to term. Surrogacy – International Scenario Health LawPage 6 .

Arabia religious authorities do not allow the use of surrogate mothers. This allows the commissioning parents to be recognized as legal parents from the outset of the process and helps prevent uncertainty. even if they are genetically unrelated. surrogates are given no more than two embryos for their safety. Status of surrogacy in Australia In Australia. In England. agents and clients will be punished for commercial surrogacy arrangements. In Canada. In Saudi. Status of surrogacy in Asian Countries In Japan. which bans all surrogacy under the surrogacy Contracts Act 1993) altruistic surrogacy has been recognized as legal. A surrogate mother still maintains the legal right for the child. others simply refuse to enforce them and some penalize commercial surrogacy. Health Risks Associated with Surrogacy In the US. Some states facilitate surrogacy and surrogacy contracts. Unless a parental order or adoption order is made the surrogate mother remains the legal mother of the child. but payment of any other consideration or fee is illegal. all states (except Tasmania. commercial surrogacy arrangements are not legal and are prohibited by the surrogacy arrangement act 1985. in all states arranging commercial surrogacy is a criminal offense. Status of surrogacy in South Africa The South Africa Children's Act of 2005 enabled the "commissioning parents" and the surrogate to have their surrogacy agreement validated by the High Court even before fertilization. the surrogacy and its attendant's legal issues fall under state jurisdiction and it differs from state to state. whereas in India.REPRODUCTIVE TECHNOLOGY Laws differ widely from one country to another. the Science Council of Japan proposed a ban on surrogacy and doctors. Health LawPage 7 . the Assisted Human Reproduction Act permits only altruistic surrogacy. However. Status of surrogacy in USA In USA. surrogate mothers may be reimbursed for approved expenses.

REPRODUCTIVE TECHNOLOGY surrogates are implanted with up to five embryos in order to increase the chances of pregnancy. all drugs have side-effects. In India. Commercial surrogacy or "Womb for rent. prenatal death. parents find difficulty in initiating the breast feeding and in establishing the bonding between mother and child in case of surrogacy. English speaking environment and cheaper services attract 3 Pre-eclampsia is a disorder of pregnancy in which there is high blood pressure and either large AMOUNTS of protein in the urine or other organ dysfunction Health LawPage 8 . increasing the likelihood of an adverse reaction and risks involved with the procedure. Using such a large number of embryos increases health risks for babies and the mother. There is a greater risk to the mother of pregnancy induced hypertension. A surrogate host of advanced maternal age has increased risk of prenatal mortality. Indian Scenario The concept of surrogacy in India is not new. Many women undergoing Artificial insemination also take fertility treatments. gestational diabetes. stress incontinence." is a growing business in India. This presents a problem in terms of infant nutrition. hemorrhoids. Many surrogate mother's breastfeed the newborns during the first few hours following birth. When hormones or drugs the surrogate is instructed to take. neonatal death. Pregnancy. birth and the post-partum period includes complications such as pre-eclampsia3 and eclampsia. stroke and placental abruption. Chances of post-partum depression of surrogates are more with the child that grew in mother's womb. lifethreatening hemorrhage and pulmonary embolism. genetic malformation and infections which lead to increased hospitalization of newborn are important issues to be considered in surrogacy contract. Issues such as premature delivery. One of the major draw backs of induced lactation in most surrogates or adopting mothers rarely produced the same quantity of breast milk as a new mother immediately following child birth. urinary tract infections. Multiple pregnancy increases the likelihood of requiring an operative delivery. intrauterine fetal death. However.

Surrogacy contracts are "dehumanizing and alienating since they deny the legitimacy of the surrogate's perspective on her pregnancy. in which a woman takes no ownership of the child born." According to legal experts ". it should be disallowed on moral grounds. a kind of biological colonization. Surrogate mother tries to avoid developing a special bond with the child in her and views the pregnancy as merely a way to earn the much-needed money.from rural women in India uplifted out of poverty to a futuristic nightmare of developing country baby farm. then it is economic exploitation.if surrogacy becomes an avenue by which women in richer countries choose poorer women in our country to bear their babies. no law exists to protect the surrogate mother in case of birth complication. Opponents of surrogacy argue that the practice is equivalent to prostitution and by virtue of that similarity. it is hard to tell that whether these women are exercising their own personal rights or whether they are forced to become surrogate mothers due to their mother-in-law's or husband's desire to fulfill material and financial needs. ethical social and legal questions about both woman and the "Commissioned baby. In case of surrogacy in India.. Future projections of surrogacy practice range from opportunity to exploitation . Since 2002.. In fact. This is the reason that has led critics to allege that surrogacy business is exploiting poor women in country like India already having high maternal mortality ratio. According to estimates. which might be conservative . forced abortion etc. The payment for bodily services dehumanizes the surrogate mother and exploits her reproductive organs and capability for personal gains of the wealthy.REPRODUCTIVE TECHNOLOGY the willing clients. outsourcing surrogacy is an exploitative practice in India." Health LawPage 9 . Surrogate motherhood as an arrangement.the business of surrogacy in India is already touching $445-million a year. Currently. has raised moral. commercial surrogacy has almost become legal in India and India has become a sort of leader in it.

" These guidelines are skewed and thoughtless.g. So does that mean an 18 year old or someone even younger. a known person as well as a person unknown to the couple may act as a surrogate mother for couple. the ART Clinic must ensure (and put on record) that the woman satisfies all the testable criteria to go through a successful full term pregnancy. states. A draft legislation on surrogacy-prepared by the Indian Council of Medical Research (ICMR) has recommended strict penalties for offenders and a tight regulation on Assisted Reproductive Techniques (ART). the relative should belong to the same generation as the woman desiring the surrogate. "A relative. these are the only guidelines framed by the ICMR and the Ministry of Health and Family Welfare in 2005. CONCLUSION In India. The draft law restricts the number of embryo transfers a mother can go through to 3 times for the same couple. points to be Health LawPage 10 . In fact. if the first two attempts fail and it also adds that no woman should act as a surrogate for more than three live births in her life. ICMR guidelines. e.10.REPRODUCTIVE TECHNOLOGY The Ministry of Women and Child Development is examining the issue of surrogate motherhood in India for bringing up a comprehensive legislation.. Section 3. The bifurcated role of woman in surrogate arrangements is prompting renewed assessment of the meaning of motherhood and designation of maternal rights.5 of the guidelines states that "a surrogate should be less than 45 years" being the upper age without mentioning the minimum age to be surrogate. can become surrogate mother? Before accepting a woman as a possible surrogate for a particular couple. In case of a relative acting as a surrogate." The experts believe that surrogacy propels childless couples needlessly toward commercial surrogacy. surrogacy is purely a contractual understanding between the parties so care has to be taken while drafting agreement so that it does not violate any of the laws like.

The bill is still pending and not presented in the parliament. Although it is acknowledged that some women experience emotional problems in handing over Health LawPage 11 . unexpected mishappening to the surrogate mother. The Indian system only recognizes the birth mother. Horsburgh (1993) believes surrogates are physically exploited once they have signed contracts agreeing to give birth to babies for clients. However. Foster (1987) states that many surrogate mothers face emotional problems after having to relinquish the child. type of surrogacy. compensation clause. i. The surrogate mothers are often unaware of their legal rights and due to their financial situation they cannot afford the services of lawyers. mentioning about paternity in the agreement.. the creation of registry for biological father of children in an adoption cases. According to Kimbrell (1988) most women who get involved as surrogates do so because they are in need of money. the surrogates often receive just a fraction of the original payment.e. rules set forth on how and when genetic testing can be done to determine paternity. Indian government has drafted legislation in 2008 and finally framed an ART regulation draft bill 2010. The proposed law needs proper discussion and debate in the context of legal. the name on the child's birth certificate has to be that of the birth mother and her husband.REPRODUCTIVE TECHNOLOGY taken into consideration why does the intended parents opt for surrogacy. if the pregnancy is indeed aborted. death and postpartum complications. regarding the jurisdiction for the disputes arising out of agreement. To make matters worse. child's custody. social and medical aspects. a study by Jadva et al. The contracts can also place liability on the mother for risks including pregnancy-induced diseases. There is no concept of DNA testing for establishing paternity as far as the Indian legal system is concerned. particulars of the surrogate. In 2008 the Supreme Court of India in the Manji's case (Japanese Baby) has held that commercial surrogacy is permitted in India and it has again increased the international confidence in going for surrogacy in India. (2003) showed that surrogate mothers do not appear to experience psychological problems as a result of the surrogacy arrangements.

these feelings appeared to lessen during the weeks following the birth. and legal issues has a strong relationship with the given individual's value system. An individual's personal stance on the complex ethical. induced abortions have been a source of considerable debate and controversy. Without a foolproof legal framework implementation couples will invariably be misled and the surrogates exploited Abortion as a Human Right Throughout history.REPRODUCTIVE TECHNOLOGY the baby or as a result of the reactions around them. We conclude that the government must seriously consider enacting a law to regulate surrogacy in India in order to protect and guide couples seeking such options. moral. A person's position on abortion may be described as a combination of their personal beliefs on the morality of induced abortion and the ethical limit of the government's Health LawPage 12 .

A women's reproductive and sexual health and shape her reproductive choices. and inspiring grassroots activism. Formal laws and policies are crucial indicators of government commitment to promoting reproductive rights. of injury to the physical or mental health of the pregnant woman # The continuance of the pregnancy would involve risk. 113 (1973) Health LawPage 13 . that sanctions her right to have an abortion. most often known as bodily rights. greater than if the pregnancy were terminated.S. It is a woman's individual rights. dividing the nation into "pro-choice" and "pro-life" camps. The Historic Decision of: Roe Vs. Wades (1973) Roe v. greater than if the pregnancy were terminated. Wade4 became one of the most politically significant Supreme Court decisions in history. right to her life. Each and every women has an absolute right to have control over her body. In recent years. or injury to the physical or mental health of any existing child of the family of the pregnant woman # There is substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped.REPRODUCTIVE TECHNOLOGY legitimate authority. A woman has a right to abortion if: # The continuance of the pregnancy would involve risk to the life of the pregnant woman greater than if the pregnancy were terminated # The termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant woman # The continuance of the pregnancy would involve risk. # Or in emergency. This is a landmark United States Supreme Court decision establishing that most laws against 4 410 U. to her liberty. governments from all over the world have acknowledged and pledged to advance reproductive rights to an unprecedented degree. Reproductive rights are internationally recognized as critical both to advancing women's human rights and to promoting development. reshaping national politics. and to the pursuit of her happiness. certified by the operating practitioner as immediately necessary: to save the life of the pregnant woman or to prevent grave permanent injury to the physical or mental health of the pregnant woman.

Relying on the current state of medical knowledge. parental notification laws. Also. interpreting Article 7 of the Canadian Charter which guarantees an individual's right to life. laws barring state funding for abortions. it is was also held in 1992 by the Supreme Court that a women has the same exclusive right to abortion as to any to any other medical treatment. The Supreme Court struck down several state restrictions on abortions in a long series of cases stretching from the mid-1970s to the late 1980s. thus overturning all state laws outlawing or restricting abortion that were inconsistent with the decision." and in the third trimester. the decision established a system of trimesters that attempted to balance the state's legitimate interests with the individual's constitutional rights. laws banning most very late term abortions. Wade. spousal consent laws. a state can choose to restrict or even to proscribe abortion as it sees fit. the state can regulate the abortion procedure during the second trimester "in ways that are reasonably related to maternal health. This subjected the pregnant woman to psychological stress. demarcating the viability of the fetus. In response to Roe v. In the leading case of Morgentalor Smoling and Scott vs. R5 . The prospective fathers have no right to be consulted for the same. the plaintiff wanted to terminate her pregnancy because she contended that it was a result of rape. The Supreme Court found that this procedure infringed the guarantee of security of a person. The Criminal Code of the country required a pregnant woman who wanted an abortion to submit an application to a therapeutic committee. In the Supreme Court of Canada. liberty and freedom and security of a person. The Indian Perspective 5 (1988) 44 DLR (4th ) 385 Health LawPage 14 . including laws requiring parental consent for minors to obtain abortions.REPRODUCTIVE TECHNOLOGY abortion violate a constitutional right to privacy. laws requiring abortions to be performed in hospitals but not clinics. which resulted in delays. several states enacted laws limiting abortion. spousal notification laws. The Court ruled that the state cannot restrict a woman's right to an abortion during the first trimester. Jone Roe. the Court focused on the bodily security of the pregnant women.

such as when pregnancy arises from a sex crime like rape or intercourse with a lunatic woman. It may be a time when she wants to change her profession. Apart from these reasons. which requires free time and hard work. the laterpuranic(old) and smriti literature. 1971.where there is a substantial risk that the child. It came on the Statute Book as the "The MTP Act. The Supreme Court has said that the right to privacy is implicit in Article 21 of the Constitution and a right to abortion can be read from this right. Paragraph 3 of the Code of Ethics of the Medical Council of India says: I will maintain the utmost respect for human life from the time of conception. It is submitted that a decision as to abortion may be entirely left with woman provided she is sane and attained majority. 1971". Not all pregnancies could be terminated. her freedom may be curtailed. says that pregnancy can be terminated: (1) As a health measure when there is danger to the life or risk to physical or mental health of the women. would suffer from deformities and diseases. She or the family may not be financially sound to welcome an addition. if the continuance of pregnancy would involve a risk to the life of the pregnant woman or grave injury to her physical or mental health. This law guarantees the Right of Women in India to terminate an unintended pregnancy by a registered medical practitioner in a hospital established or maintained by the Government or a place being approved for the purpose of this Act by the Government. if born. there are also various important factors. Section 3 of the said Act. Her relationship with the husband Health LawPage 15 . All other restrictions on the right to abortion are unwelcome. (2) On humanitarian grounds . and (3) Eugenic grounds . Only in cases where an abortion may affect her life.REPRODUCTIVE TECHNOLOGY Indian law allows abortion. etc. True. Abortion is severely condemned in Vedic. The Medical Termination of Pregnancy Bill was passed by both the Houses of the Parliament and received the assent of the President of India on 10th August. Upanishadic. a woman's decision as to abortion may depend upon her physical and mental health or the potential threat to the health of the child.

Is it desirable to pay compensation to woman for all her physical and mental inconveniences and liabilities. Finally it may be noted that the M. Rajeswari vs State Of Tamil Nadu And Others6 The case. All these factors are quite relevant and the Indian statute on abortion does not pay any respect to them. Case laws in this regard: D.T.REPRODUCTIVE TECHNOLOGY may virtually be on the verge of collapse and she may prefer not to have a child from him. which arises in that context. which would result in a grave injury to her mental health. on the ground that bearing the unwanted pregnancy of the child of three months made her to become mentally ill and the continuance of pregnancy has caused great anguish in her mind. Any indirect protection it gains under the Act is only a by-product resulting from the protection of the woman. Act does not protect the unborn child. The law thus is unreasonable and could well be found to be violative of the principles of equality provided under Article 14 of the Constitution. for it may possibly affect a future marriage. since the pregnancy was caused by 6 1996 CriLJ 3795 Health LawPage 16 . is of an unmarried girl of 18 years who is praying for issue of a direction to terminate the pregnancy of the child in her womb.P.

After the complainant conceived pregnancy. a woman wanted to have abortion on the ground that she has a 6 months old daughter. Murari Mohan Koley vs The State8 In this case. The woman was married to Navneet. 1971. She approached the petitioner for an abortion. and they terminated her pregnancy. But the condition of the woman worsened in the hospital and she was shifted to another hospital.P9: Abortion without mothers consent 2000. Applicants are younger brothers of said Navneet while Bhagwan Katariya was the father of said Navneet. The abortion was not done. the husband and the other family members took an exception to it and without her consent got the abortion done. The allegations are that two other co-accused took this girl. Vs. And the petitioner agreed to it for a consideration. The Court granted the permission to terminate the pregnancy. But it resulted in her death.P:7 The accused had committed rape on minor girl aged about 12 years and made her pregnant. So the charge on them is firstly causing miscarriage without consent of girl. Dr. The Court held all the three accused guilty of termination of pregnancy which was not consented by the mother or the girl. Right To Abortion Of The Mother Vs Right To Life Of The Unborn 7 2000 CriLJ 671 8 (2004) 3 CALLT 609 HC 9 2001 (4) MPHT 20 CG Health LawPage 17 .REPRODUCTIVE TECHNOLOGY rape. it must be presumed that without the consent of the woman it could not be done. State of M. Nisha Malviya and Anr. a doctor is entitled to terminate the pregnancy under particular circumstances and if the pregnancy was terminated in accordance with provisions of law. Shri Bhagwan Katariya And Others vs State of M. The Court opined that if we refer Section 3 of the Medical Termination of Pregnancy Act.

or justification of laws permitting or restricting abortion. · The killing of innocent is a crime and the fetus is also an innocent life. · Another argument is that an embryo (or. a fetus) is a human being. · Many women suffer significant emotional trauma after having an abortion. but not always. arguments presented in favor of or against abortion focus on either the moral permissibility of an induced abortion. In this debate. which raises the question of whether one person's desire for autonomy can extend to ending another's existence. Arguments on morality and legality tend to collide and combine. Most often those in favor of legal prohibition of abortion describe themselves as prolife while those against legal restrictions on abortion describe themselves as pro-choice. Abortion debates. · There is also some evidence that having an abortion may increase a woman's risk of breast cancer in later life. from the moment of conception and therefore has a right to life that must be respected. "Does a woman have the right to choose whether or not to have an abortion" Arguments Against Abortion Following are the arguments which favour prohibition of abortion by the pro-life activists : · The issue of the fetus' life. entitled to protection.REPRODUCTIVE TECHNOLOGY Many countries in which abortion is legal require that certain criteria be met in order for an abortion to be obtained. abortion is homicide. for those who are pro-choice. using a trimester-based system to regulate the window in which abortion is still legal to perform. are often spearheaded by advocacy groups belonging to one of two camps. in later stages of development. · Aborting fetuses because they may be disabled sends an implicit message of rejection to people with disabilities. Some other complications include damage and/or infection to the uterus and the Fallopian tubes making a woman infertile. and. Both are used to indicate the central principles in arguments for and against abortion: "Is the fetus a human being with a fundamental right to life" for pro-life advocates. Arguments In Favour Following are the arguments in favour of legalizing abortion: Health LawPage 18 . Menstrual disturbances can also occur. often. complicating the issue at hand. especially pertaining to abortion laws. According to this argument.

This is evident from the punishment and compensation provided in Old Testament for hurting a pregnant woman. the later period provided a better status to the unborn children. or just more restricted. The unborn was treated as equal to human being at least for the purposes of its protection. But as times have brought about revolutionary changes. · Other are situations where abortions is done to safeguard the life of a fetus. · If abortion is banned. Paternity testing Health LawPage 19 . she would carry it and then abandon the new born child. This would be more dangerous to the life of the baby. it is better to terminate the pregnancy at an earlier stage.REPRODUCTIVE TECHNOLOGY · The first argument is of Bodily Sovereignty. Thus. each person has a right to bodily sovereignty and Human rights instruments protect such rights internationally.· Most abortions are carried out on the grounds of safeguarding the woman's mental health. The women resort to some unhygienic measures to abort the fetus. Each woman has the sole right to make decisions about what happens to her body . but that if no action is taken both will die. as it would involve risk if pregnancy is carried. however. it might damage the fetus resulting in danger to the life of the mother. the rationale is not that the fetus is seen to have less value than the mother. semi-civilized and even sophisticated races. Although in ancient and primitive times there were widespread practices of abortion and infanticide among savage. a woman does not want to carry her pregnancy. Thus it becomes important to secure the right to abortion to every woman. Aborting the fetus at least saves the mother's life. Act of performing an abortion to save the mother's life when occurs. we would return to the days of 'back-street abortions'. · If suppose abortion is banned.no one should force her either to carry or terminate a pregnancy against her will. In the past this has been accompanied by wild claims of the risk to women's health from these procedures.

If the time allowed for amending this form expires. unless otherwise disputed by a paternity test. most states have laws that require an Acknowledgment of Paternity form to be completed at the hospital to legally establish who the father is. the husband can be presumed to be the father and listed on the birth certificate as the legal father. Determining a biological relationship is important for several reasons:  To establish legal and social benefits. This procedure involves collecting and examining the DNA of a small sample of bodily fluid or tissue from a child and the potential father. and inheritance benefits. giving the healthcare provider additional insight during diagnosis and in managing the child’s health. If you are pregnant. such as father and child. veteran’s. depending on the state.  Strengthens the bond between biological individuals. .REPRODUCTIVE TECHNOLOGY Paternity testing can determine whether or not a particular man is the biological father of a child. Some states require an unmarried couple to have a paternity test to list a father’s name on the birth certificate. the father listed as the AOP and birth certificate could be held legally responsible for the child. If the mother is married to someone other than the father of the child. including social security. to request DNA paternity test and amend the AOP. After the AOP is signed.  Provides an accurate medical history for the child. even if he later proves he is not the biological father. Types Of Paternity Testing Health LawPage 20 . This form is filed with the Bureau of Vital Statistics and is a legally binding document. couples have a limited amount of time.

Health LawPage 21 . is done through an umbilical cord collection at the time of delivery or a sample collected at a lab after the baby is released from the hospital. The needle draws out a small amount of amniotic fluid.  Amniocentesis: This test is performed in the second trimester. This test requires only a simple blood collection from the mother and alleged father and can be performed any time after the 8th week of pregnancy. to obtain chorionic villi. and vaginal bleeding.  Chorionic Villus Sampling (CVS): This test consists of a thin needle or tube which a doctor inserts from the vagina. leaking of amniotic fluid. guided by an ultrasound. During this procedure. through your abdomen. The process is state-of-the-art. which is tested. the doctor uses ultrasound to guide a thin needle into your uterus. For prenatal testing. Either a buccal (cheek swab) or a blood collection can be performed. Other side effects may include cramping. Chorionic villi are little finger-like pieces of tissue attached to the wall of the uterus. there are several options to choose from:  Non-Invasive Prenatal Paternity (NIPP): A non-invasive prenatal paternity test is the most accurate non-invasive way to establish paternity before the baby is born. A doctor’s consent is needed to do this procedure for paternity testing. Risks include a small chance of harming the baby and miscarriage. The test is99. anywhere from the 14th20th weeks of pregnancy. or testing done during pregnancy. A doctor’s consent is needed to do this procedure for paternity testing. The chorionic villi and the fetus come from the same fertilized egg.REPRODUCTIVE TECHNOLOGY Postnatal testing. after a child’s birth.9% accurate. This testing can be done earlier in pregnancy from the 10th13th weeks. combining the latest technology and proprietary methods of preserving and analyzing the baby’s DNA found naturally in the mother’s bloodstream. through the cervix. and have the same genetic makeup.

starting in the 10th week by the CVS procedure or week 9 with the SNP microarray procedure. Can an exact date of conception be determined accurately without a paternity test? Many women have questions about the date of possible conception.REPRODUCTIVE TECHNOLOGY Answers To Frequently Asked Questions About Paternity Testing: How soon can the testing process be started? DNA testing can be done as early as the end of the first trimester of pregnancy. The problem is that most women do not ovulate on an exact date each month. whether amniocentesis or CVS. But these are just tools used to estimate the dates—it is very hard to tell what the exact date of Health LawPage 22 . prenatal DNA testing done in conjunction with other prenatal testing involves some risk associated with how the testing is conducted. and many women have a different ovulation day from month to month. and unfortunately figuring this out is not always so easy. this can make figuring out conception very difficult. Historically. The assumption is that if a woman has pretty regular menstrual cycles . If you also take into account that sperm can live in the body 3-5 days after intercourse has taken place. Speak with each laboratory individually on their policies concerning confidentiality. However. These tests are often discouraged for the sole reason of seeking paternity because of the increased miscarriage risks. Are test results kept completely confidential? It is a rule of most DNA laboratories to keep your results completely confidential. then she will be ovulating during a certain time of the month. the non-invasive SNP microarray procedure poses little risk to mom or the baby. Most doctors use the first day of the last period (LMP) and ultrasound measurements to gage the gestational age of a baby and determine when the baby was conceived. Ovulation is the time when conception can take place because that is when an egg is made available. What risk does DNA testing pose to the mother and the developing baby? Testing conducted after a baby’s birth involves no known risks.

The new SNP microarray procedure will cost approximately $1. Prenatal testing is often more costly than testing done after a baby is born because of the additional doctor and hospital-related fees. we strongly encourage that paternity testing be done. If you are seeking the estimated date of conception for paternity reasons. and intercourse with two different partners took place within 10 days of each other. Due dates are not an accurate tool for determining conception since they also are only an estimation date (only 5% of women give birth on their due dates). or “curiosity testing.00.REPRODUCTIVE TECHNOLOGY conception really is. but also lower cost “curiosity testing. This is the only way to accurately know who the father is.00 to $2.000.” If you aren’t sure if you will need the results for a court case. this testing can be done during pregnancy or after the baby is born. Most people do not realize that ultrasounds can be off up to 5-7 days in early pregnancy and up to a couple weeks off if the first ultrasounds are done farther into the second trimester or beyond. How much does it cost to establish paternity? Costs will vary dependent on which types of procedures are performed.” Most centers offer payment plans and will require full payment before they release the results to you. it is probably worth the extra cost to go ahead and have a court-approved test done. Prices can range from $400.600. Some testing sites offer lower cost testing that is non-court-approved. Can DNA test results be used in court? Many centers now offer court-approved tests. Health LawPage 23 .