Human cloning, artificial wombs, and the future of Hindu succession act: Reconciling biotechnology with lineage law

^1. The West Bengal National University of Juridical Sciences, Kolkata, India
^2. Joint first author
^3. Adamas University, Kolkata, India
^4. Joint corresponding author

^* Corresponding author: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract

This paper explores the intricacies of modern biological advancements in the field of reproductive human cloning, artificial womb technology, and Hindu succession laws in India. While cloning remains prohibited, the future possibility of ectogenesis enabling large-scale or simplified cloning cannot be overlooked. The Hindu Succession Act of 1956 is insufficient to adequately address the rights of children born through ART or the hypothetical legal status of clones. While Hindu succession law emphasises the significance of legitimacy and proof of lineage in determining inheritance and coparcenary rights, the current statutory provisions fail to account for the complexities introduced by reproductive biotechnology. Due to the absence of explicit statutory provisions, key issues such as legitimacy, inheritance rights, and the legal recognition of heirs conceived through human cloning and ART—particularly in cases involving third-party donors or posthumous reproduction—remain unresolved. The situation requires a regulated medicolegal framework that considers the ethical, legal, and social implications. This paper examines the intersection of human cloning, artificial womb technology, and Hindu succession principles, highlighting critical gaps in existing legal framework and proposing pathways for legal reform.