FERTILITY FRAUD: EXPLORING THE LEGAL GAPS IN INDIA VIS A VIS THE UNITED STATES

Authors

  • ARUSHI BAJPAI
  • AKASH GUPTA
  • SHAMBHAVI SINHA

DOI:

https://doi.org/10.26619/1647-7251.15.1.17

Keywords:

Infertility, Fraud, India, US, Sexual offence, Laws

Abstract

Infertility is an issue that many couples worldwide are facing. There are numerous individuals who seek treatment for this condition. However, those who treat infertility often handle all sperm samples equally, without differentiating between the sperm of the intended parents and that of others. This raises concerns about fertility fraud, where people intentionally exchange sperm samples. Many countries have recognized this as a sexual offense, but in India, there is currently no specific law addressing this issue. This question was initially raised when a case of this fraud occurred in the United States. This paper addresses all the related issues and provides a comparative analysis of the laws in India and the United States.

Author Biographies

ARUSHI BAJPAI

Assistant Professor in Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana (India). Her area of interest are Criminal Law, International Criminal Law. She has been teaching Criminal Law since past 5 years. She recently did The Hague Academy of Public International Law, The Hague Netherlands Course on Full Scholarship. ORCID ID-0000-0002-9468-249X.

AKASH GUPTA

Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana (India). He has been teaching arbitration for 5 years. He also got the opportunity to attend the most famous "Paris Arbitration Academy" Course on full scholarship. His area of interest are Arbitration, Mediation and Negotiation. ORCID ID- 0000-0001-9457-7932.

SHAMBHAVI SINHA

She is currently in her third year at Jindal Global Law School, part of O.P. Jindal Global University, located in Sonipat, Haryana (India). Her academic focus leans heavily towards research, particularly in the realms of criminal law and public international law.

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Published

2024-05-27

Issue

Vol. 15 No. 1 (2024)

Section

ARTICLES