A Human Rights-Based and Relational Justice Approach to Assisted Reproduction in Spain

Area of Science:

• Bioethics
• Reproductive Law
• Human Rights

Background:

• Spanish assisted reproductive technologies (ART) provide broad access, including for single women and lesbian couples.
• Existing legal frameworks struggle to balance competing rights like bodily autonomy, identity, and the child's best interests.
• Current regulations are influenced by an individualistic view of reproductive rights, neglecting relational aspects.

Purpose of the Study:

• To explore ethical and legal challenges in ART regulation in Spain.
• To propose a relational justice framework for a more equitable and ethically consistent approach.
• To advocate for regulatory reforms prioritizing care-based practices and reproductive equity.

Main Methods:

• Human rights-based legal analysis.
• Application of feminist bioethics and reproductive justice theories.
• Development of a relational justice framework.

Main Results:

• Spanish ART law grants broad access but inadequately addresses conflicts between individual rights.
• The current legal model overlooks the interdependent and relational dimensions of assisted reproduction.
• A relational justice approach highlights shared responsibilities and vulnerabilities among all stakeholders.

Conclusions:

• Strengthening ART regulation requires more than access; it demands ethical consistency and social justice.
• Regulatory reforms should prioritize reproductive equity and care-based practices.
• A relational justice framework offers a path toward ethically sustainable and socially just reproductive experiences.