Written by Hanna Engstrom, SLS LLM ’25, CLB student fellow

As reproductive technologies evolve, the legal frameworks that govern them will grapple with questions of autonomy, equality, and human dignity. One such emerging technology is In Vitro Gametogenesis (IVG), which enables the creation of human gametes, eggs and sperm, from somatic cells. IVG holds transformative potential for individuals and couples who are currently excluded from genetic parenthood, including same sex couples and those facing infertility. With this potential comes a need for careful legal and ethical consideration, particularly under European human rights law, which places strong emphasis on personal freedoms and equal treatment.

The legal implications of IVG extend beyond biotechnology and into core principles of European human rights law. Under Article 8 of the European Convention on Human Rights (ECHR) and Articles 7 and 9 of the Charter of Fundamental Rights of the European Union (EU Charter), individuals are entitled to respect for private and family life, personal autonomy, and freedom of thought and belief. These rights underpin the concept of reproductive autonomy, including the ability to make informed, personal decisions about whether and how to reproduce.

While these provisions do not impose a positive obligation on Member States to provide access to every reproductive technology, they do establish a protective framework within which restrictions must be justified. If IVG becomes a safe and viable means of reproduction, particularly for individuals or couples who otherwise lack biological options, the denial of access may interfere with protected rights. The European Court of Human Rights has consistently held, in cases such as Dickson v. United Kingdom (2007), that limitations on reproductive rights must pursue legitimate aims and be proportionate.^[1] In circumstances where IVG is the only available route to genetic parenthood, for example for same-sex couples or individuals with medical infertility, refusal of access based solely on ethical novelty or general discomfort may lack sufficient justification.

Article 14 ECHR and Article 21 of the EU Charter prohibit discrimination on the basis of sex, sexual orientation, and other status. If IVG is available to heterosexual couples for fertility treatment, denying same-sex couples equal access raises significant equality concerns. IVG has the potential to allow same-sex couples to have genetically related children. For female couples, this could involve transforming one partner’s somatic cells into sperm, and the opposite would be the case for male couples. If proven safe and medically regulated, excluding same sex couples from IVG would likely constitute a discriminatory denial of access to family life, especially if IVG offers the only path to biological parenthood. European human rights jurisprudence emphasizes that equal treatment in family formation is a component of substantive equality.

Furthermore, IVG could also advance gender equality by reducing women’s biological disadvantage in reproduction. Unlike men, women face a limited fertility window, which currently can be extended by for example costly and invasive egg freezing procedures. By enabling the creation of eggs from somatic cells later in life, IVG may extend reproductive choice and relieve women of the medical burdens tied to early fertility preservation, and thereby lead to a more equal access to biological parenthood.^[2]

Moreover, IVG may have indirect equality enhancing effects. By creating alternatives to egg donation, it could reduce reliance on economically vulnerable women to supply eggs, a practice that carries health risks, discomfort and potential for exploitation. This shift could reinforce human dignity, not only by offering safer reproductive options, but by lessening the physical burden historically borne by women in assisted reproduction.

IVG challenges us to rethink reproductive rights through the lens of equality and autonomy. As this technology matures, EU law must ensure that access is guided by its human rights principles. Denying IVG to those who lack other paths to genetic parenthood, risks entrenching inequality. Embracing IVG responsibly offers not just new reproductive possibilities, but a crucial step toward a more fair and inclusive framework for family formation in Europe.

[1] Dickson v. United Kingdom, App. No. 44362/04, 2007-V Eur. Ct. H.R. 127

[2] In vitro gametogenesis: A benefit for women at advanced and very advanced age? An ethical perspective. Vasilija Rolfes ^a, Uta Bittner ^a, Jan-Steffen Kruessel ^b, Tanja Fehm ^b, Heiner Fangerau ^a. https://www.sciencedirect.com/science/article/abs/pii/S0301211522002810?utm_source=