Motherhood is a joy cherished through natural conception and in case of infertility accomplished by substituted reproduction called as Assisted Reproductive Technology (ART). One such ART technique in begetting a genetic child is through Surrogacy[footnoteRef:2]. Though in India, infertility rate is increasing at an alarming speed, the Country as a matter of Public Policy has taken a rigid approach in banning Commercial Surrogacy and allowing only Altruistic form of Surrogacy.

Global Scientific advancement in the reproductive sector coupled by Machine Learning has paved the way for a future sect of Surrogacy through the aid of Artificial Intelligence (AI) which aims at giving 100% accurate results saving Surrogates from the failure, repetitive & painful IVF procedures. The most complicated job in IVF (In Vitro Fertilization) process is to successfully characterize and identity the most viable Oocytes or Embryos by human agencies. AI is been used for embryo or Oocyte scoring selection through Pre-implantation genetic diagnosis (PGD). [3: . Virtus Health Group based in Australia takes help of AI driven tool ‘IVY” which predicts the likelihood of a viable pregnancy from transfer of an individual embryo in a woman undergoing IVF https://www.ivf.com.au/fertility-treatment/ai-in-ivf ]

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In the reproductive field, the role of AI is to assist health service providers by assembling inputs on creating a healthy baby by using optimal Surrogate[footnoteRef:4]. AI plays a pertinent role in IVF Surrogacy (through Gestational Surrogate/ Carrier) wherein machines imbibed with AI screen human micro biome[footnoteRef:5] to design most healthy babies free from gene defect/s. AI is been actively used in western countries by IVF / Fertility treatment Centres to carry out successful implantation of embryo into the Uterus of a Surrogate which sets the ground for critical first stage of a successful pregnancy. Through IVF Surrogacy aided by AI, many childless couples have the joy of having their own genetic child when all sorts of ART treatments/ methods fail to yield result. [4: . Flourish – innovative tech wellness Company takes help of AI driven personal wellness tool ‘FLORA’ which provides complete analysis of customized food selections specific to the Surrogates. https://medium.com/uxatcomdes/a-parents-guide-to-ai-driven-gestational-surrogacy-80316867a8fb (last visited on 4th Feb 2019)] [5: . Human micro biome means the full array of microorganisms (the micro biota) that live on and in humans and, more specifically, the collection of microbial genomes that contribute to the broader genetic portrait, or met genome, of a human. https://www.britannica.com/science/human-microbiome ]

At this juncture where Surrogacy is surrounded by unresolved ethical and legal issues, IVF Surrogacy coupled with AI assistance through gestational carriers can be perceived as a boon for intending couples[footnoteRef:6]. [6: . Section 2(r) Ibid.1 – intending couple means a couple who have been medically certified to be an infertile couple and who intend to become parents through Surrogacy.]

Legality of AI in Gestational Surrogacy through IVF

India

Indian Parliament (Lok Sabah) passed The Surrogacy (Regulation) Bill, 2018, prohibiting commercial Surrogacy as unethical and created barriers for couples within the waiting period[footnoteRef:7], LGBT, single parent, live-in relationship couples, couples, couples with undefined infertility issues, couples blessed with single child and who can’t afford second child due to various medical issues to opt for Altruistic Surrogacy. However, the Act permits Gestational Surrogacy if the same is done by a close relative without any monetary benefit apart from the necessary medical expenses incurred pre-during-post-delivery[footnoteRef:8]. [7: . As per the Bill 2018, couples unable to conceive within 5 years of unprotected coitus are only eligible for opting Altruistic Surrogacy as a means of begetting their genetic child. ] [8: . Section 2(b) Ibid. 1]

In India, AI in Reproductive technology area has not been vetted legally to bind key players in the market – Intending Couples: IVF Centres: Gestational Surrogates. As per the Bill 2018, sex selection in any form for Surrogacy is punishable as per the Pre-Natal Diagnostic & Techniques (Regulation & Prevention of Misuse) Amendment Act