Written by Riya Mittal & Rudrik Singhal,
Student , Maharashtra National Law University, Nagpur
March 2025
Abstract
In a world reimagined, life stirs not within the embrace of biology but within luminous chambers of artificial wombs—cradles of possibility, freeing creation to transcend nature’s design. This revolutionary technology promises to redefine parenthood, medicine, and the very essence of creation.
This blog delves into the fascinating world of artificial womb technology, tracing its evolution from early animal experiments to the groundbreaking advancements in current human trials. It will also cover the legislations and legal frameworks which will help in governing this technology. Additionally, the blog explores the potential challenges associated with artificial wombs, providing readers with a balanced perspective on the risks and rewards. Finally, it offers thoughtful suggestions for addressing the complex issues surrounding this transformative technology.
Introduction
The medical sciences have taken an all–new turn with the technology of artificial womb making its place on the table. It is known that premature birth give result to many health complications which may even prove to be fatal. A finding by the World Health Organization states that in 2020, one in ten babies, around the world, succumbed to death due to preterm complications. With this technology still being a concept, there are supposed to be various benefits as well as implications of it becoming a reality. This blog aims to uncover what are its prospects and what are the potential challenges on it becoming a reality.
What are Artificial Wombs?
An artificial womb is a groundbreaking medical technology intended to provide a womb-like setting for infants who are born exceedingly early. In majority of the systems, the baby would float in a transparent “biobag” filled with liquid. The idea is that preemies may develop[1] in this device for a few weeks after birth, increasing their chances of survival and reducing difficulties from standard therapy when they are removed from it. It is different from the incubators which provide only artificial respiration whereas artificial womb[2] stimulates the similar environment as the womb and perform similar functions as placenta and umbilical cord. It also allows the foetus to maintain its regular physiology. And for the same reason incubators are getting transformed towards Artificial Womb. Till date it has only been tested on the animals.
Results and Impacts of Animal Testing
The first artificial womb was tested by a Professor Yoshinori Kuwabara at Juntendo University in Tokyo in the year 1996. He developed a system called the Extrauterine Foetal Incubation (EUFI), in which the foetuses of goats were subject to experimentation. Catheters were implanted through the umbilical cord’s major vessels to supply them with oxygenated blood, leaving them in incubators which contained artificial fluids. This system sustained the goat foetuses for about 3 weeks, after which it died due to circulation failure and some technical difficulties. Although, this experiment[3] was not successful in terms of maintaining foetal viability till maturity, it did create an awareness on this topic due to which it became a headline of many influential newspapers.
A second experiment, in which eight lambs between 105 and 120 days of gestation were taken as the subject of experimentation and were further placed inside the artificial womb, was carried out by a group of researchers that also included Emily Partridge, a doctor at the Children’s Hospital of Philadelphia (CHOP) who treats critically premature infants. This experiment was a success as they saw that the lambs had normal growth inside[4], normal lung maturation inside the womb. Their brain also had normal maturation and they had a normal development in every measurable way.
There has been a strong impact of the animal testing of the artificial womb on the humans. The hopes of the replication of the same with more advanced and safe technology have taken a new birth in the minds of humankind. Also, with the successful testing of the artificial wombs on the animals have drove the scientists and the researchers to work towards the continuous development of the technology to make it fit for human testing.
Progress and Human Testing
Now, the medical sciences are paving, after the successful tests on the animals, their way towards testing the concept of artificial womb for its success on humans. Researchers are continuously researching[5] on its working on humans and its potential implications.
At present, there are two initiatives poised to bring this concept to fruition for humans. One of them is Ectolife, led by biotechnologist and film producer Hashem Al-Ghaili, which features 75 state-of-the-art labs. Each lab houses up to 400 growth pods designed to replicate conditions found inside a woman’s uterus. This setup allows for the potential production of 30,000 babies annually in a sterile environment.
The other initiative comes from Inspira Technologies[6], an Israeli company specializing in respiratory medical devices. They have stated a program for the rollout of their INSPIRA ART100 device, which is an artificial womb designed for infants that need respiratory assistance. The said program seeks to carry out a trial of the device on preterm infants, neophytes with hypoplastic breathing organs and babies with severe forms of respiratory problems.
Legislations over Artificial Womb
Although, there are several legislations concerning ART in various countries including India, but the concept of Artificial Womb is not covered under the provisions of any legislations in any country. For example, the UK has the Human Fertilisation and Embryology Act 1990 for regulating ART, Canada has Assisted Human Reproduction Act S.C. 2004, c. 2 and even India has Assisted Reproductive Technology (Regulations) Act, 2021 but under no provisions of the said legislations is the concept of Artificial Womb elucidated.
Issues related to Artificial Womb Technology
Ethical Issues
The rise of artificial womb technology brings with it serious concerns about parental[7] autonomy. This may deprive the parents, especially the mother, of the fundamental right to a decision regarding pregnancy and/or termination, and give way to technological discretion. The criticism here is that such technology mediates and disrupts the inborn and naturalistic emotional bonding of a mother and child by shrinking the most personal and strong experience of motherhood, disrupting an innate and intrinsic process that belongs to human creation and procreation.
Legal Issues
Artificial womb technology also brings in many complex legal issues related to the status and rights of embryos, making the already complicated legal protection and liability due to medical complications even more challenging.
Additionally, it could pose a threat to women’s abortion rights[8]. It therefore calls for clear and comprehensive legal frameworks and ethical guidelines on addressing such challenges.
Social Issues
As and when the technology of Artificial wombs become more ubiquitous, the perceived value and significance of natural pregnancies[9] may fade. Major concerns are about the health of neonates born through this technology and the capacity of it to create a divide in the society between those who can afford this technology and those who cannot, adding to the existing inequalities, among different races and socioeconomic strata in particular.
Economic Issues
Artificial womb technology is intricate in nature and requires a large amount[10]of resources for its functioning. This in turn makes it highly expensive and inaccessible. The high costs associated with maintaining ectogenesis facilities, whether financed by the state or private insurers, raise critical concerns about fairness and accessibility. These financial barriers[11] could make it challenging for many prospective parents to benefit from the technology, exacerbating existing inequalities.
Way Forward
Initially, thoughtful legislation and several public policies governing the same needs to be in place to tackle the complex issues of artificial womb technology. With the help of this, firstly, the privacy of the neonates is crucial consequently the genetic information is secure. Unique notations might be needed in the birth certificates for babies born from artificial wombs which impacts their legal recognition. The safety standards of these neonates and regular health check-ups should be established as a result of the clear guidelines in the legislation and the regulations. Overall, there is a dire need to adopt strong measures to safeguard the identity and the medical records of neonates. The artificial womb labs must have clear liability rules against any negligence. Moreover, in order to make it accessible pricing must be fair which would prevent the widening of the gap between rich and poor and will help uphold the right to family for everyone, irrespective of the financial standing of the family.
Conclusion
The potential to revolutionise neonatal care, drastically improving survival rates for premature babies and offering new reproductive possibilities lies in the promise of artificial womb technology. Notwithstanding that fact, this evolutionary innovation brings a host of social, ethical, legal and economic challenges. What must be conscientiously addressed is the disruption of natural parental bonds, legal ambiguities concerning embryo rights, and the risk of exacerbating social inequalities. In order to navigate these complexities developing comprehensive legislation and equitable policies is paramount. A balanced approach that safeguards ethical integrity, ensures accessibility, and promotes inclusivity is essential for the responsible integration of artificial wombs into our medical and social frameworks, as society stands on the threshold of this groundbreaking advancement.
[1] Cassandra Willyard, Everything you need to know about artificial wombs, September 29, 2023, https://www.technologyreview.com/2023/09/29/1080538/everything-you-need-to-know-about-artificial-wombs/.
[2] Tasmin Lockwood, WHAT IS AN ARTIFICIAL WOMB AND CAN IT WORK FOR HUMANS?, May 18, 2020, https://screenshot-media.com/politics/human-rights/what-is-artificial-womb/.
[3] Elle Zhan Wei, 1996 – FIRST ARTIFICIAL WOMB EXPERIMENTED, August 2, 2017, https://nextnature.org/en/magazine/story/2017/1996-extrauterine-fetal-incubation#:~:text=A%20premature%20goat%20fetus%20was%20the%20experiment%20subject.,contain%20artificial%20amniotic%20fluid%20heated%20to%20body%20temperature.
[4] The Associated Press, Scientists successfully grow lambs in artificial womb, offering hope for preemies, April 25, 2017, https://www.cbc.ca/news/health/womb-artificial
1.4085545#:~:text=The%20researchers%20tested%20five%20lambs%20whose%20biological%20age,the%20weeks%20they%20were%20inside%20the%20womb-like%20device.
[5] Sam Nichols, Artificial wombs have the potential to help premature babies, but does the technology threaten body autonomy?, November 5, 2023, https://www.abc.net.au/news/2023-11-06/artificial-wombs-premature-technology-bodily-autonomy/103028332.
[6] Joshua Silverwood, Inspira Technologies launches programme examining artificial womb, April 3, 2024, https://www.medicaldevice-network.com/news/inspira-technologies-launches-programme-examining-artificial-womb/?cf-view.
[7] Elizabeth Yuko, Weighing the Ethics of Artificial Wombs, May 8, 2017, https://www.nytimes.com/2017/05/08/health/artificial-wombs-ethics.html.
[8] Rosalind Moran, Jolie Zhou, Artificial Wombs Will Change Abortion Rights Forever, April 3, 2023, https://www.wired.com/story/ectogenesis-reproductive-health-abortion/.
[9] Elizabeth Chloe Romanis ,Dunja Begović , Margot R Brazier, Alexandra Katherine Mullock, Reviewing the womb, J Med EthicsVol. 47, Issue 12, July 2020, p. 820-829, https://pubmed.ncbi.nlm.nih.gov/?term=%22Brazier%20MR%22%5BAuthor%5D.
[10] Sepper Segers, The path toward ectogenesis: looking beyond the technical challenges, BMC Med Ethics, May 2021, https://pmc.ncbi.nlm.nih.gov/articles/PMC8120724/.
[11] Nicole Hasler, Artificial wombs and the future of pregnancy, Oxford University’s Student Newspaper, April 23, 2023, https://www.oxfordstudent.com/2023/04/23/artificial-wombs-and-the-future-of-pregnancy/.
