Surrogacy, IVF, and Reproductive Rights: Legal Vacuum in Pakistani Family Law

Abstract

The rapid advancement of assisted reproductive technologies (ART), including surrogacy and in vitro fertilization (IVF), has transformed the concept of parenthood and reproductive autonomy across the world. In Pakistan, however, the legal framework governing surrogacy, IVF, and reproductive rights remains uncertain and underdeveloped. This legal vacuum creates serious challenges relating to parentage, custody, inheritance, legitimacy of children, consent, exploitation of women, and ethical regulation of fertility practices. The absence of comprehensive legislation has compelled courts, medical institutions, and families to rely upon fragmented constitutional principles, Islamic jurisprudence, and general family laws that are often inadequate to address modern reproductive disputes. This research critically examines the legal and ethical dimensions of surrogacy and IVF in Pakistan by analyzing constitutional guarantees, family laws, Islamic perspectives, international human rights standards, and comparative legal frameworks from other jurisdictions. The study further explores the implications of reproductive technologies on women’s rights, child welfare, and societal norms. It argues for the urgent need to enact clear and balanced legislation that protects reproductive rights while ensuring ethical safeguards and legal certainty within Pakistan’s family law system.