INHERITANCE RIGHTS OF IVF-BORN CHILDREN UNDER THE HINDU SUCCESSION ACT, 1956
Shreya Bairagi, Assistant Professor, School of Legal Studies, Swami Vivekananda University, Barrackpore, West Bengal (India)
The advent and rapid advancement of Assisted Reproductive Technologies (ART) particularly In Vitro Fertilization (IVF) have profoundly transformed the concepts of parenthood and family structures in contemporary society. Today, parenthood is no longer solely dependent on natural biological processes; rather, it may involve medical interventions, planned conception, and, in some instances, the involvement of third parties. This conceptual shift has challenged conventional legal notions regarding legitimacy, lineage, and familial relationships concepts that have historically served as the bedrock of laws governing inheritance and property devolution. Notwithstanding these social and technological shifts, the ‘Hindu Succession Act, 1956’—which governs inheritance and property rights among Hindus was enacted at a time when such reproductive technologies did not exist. Consequently, the Act is premised upon conventional assumptions regarding natural conception, blood ties, and legitimate birth; as a result, there is still uncertainty regarding the inheritance rights and legal standing of children born via. Although the ‘Assisted Reproductive Technology (Regulation) Act, 2021’ recognizes children born via ART as legitimate offspring, it does not explicitly address matters of inheritance or property devolution, thereby giving rise to legal uncertainty and potential disparities in property rights. This discomfort between modern reproductive methods and antiquated legal provisions creates a conflict between scientific progress and traditional inheritance laws. The question arises as to whether children born through IVF are entitled to equal inheritance rights—particularly in the context of ancestral property, coparcenary status, and other familial claims under Hindu law. The primary objective of this study is to examine the legal and social challenges faced by children born through IVF regarding inheritance under Hindu law; to analyse the limitations of existing statutes; and to explore potential interpretations or avenues for reform aimed at harmonizing traditional inheritance frameworks with the realities of modern reproductive technologies. By highlighting this intersection of law and science, this research aims to contribute to fostering a more inclusive understanding of parenthood and inheritance within contemporary Hindu society.
| 📄 Type | 🔍 Information |
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| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 3208–3226. |
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