
Background

Intuitive Performance.
Ectogestation refers to emerging reproductive technologies that to enable partial or full gestation outside the human body. While specific terminology is not settled, they are sometimes referred to as artificial womb or artifical amnion & placenta technology. While still largely speculative, these could represent a significant shift in how human reproduction occurs.
Current UK parenthood law is structured around the assumption that pregnancy occurs within a human body. The Human Fertilisation and Embryology Act 2008 utilises the legal principle mater semper certa est (‘the mother is always certain’), and establishes legal motherhood through gestation and at childbirth.
Birth registration systems, as well as key legal mechanisms governing assisted reproduction and surrogacy, are built around this premise. However, it does not readily accommodate scenarios in which gestation and parenting might be separated, nor or where gestation could occur outside the human body. If realised in practice, ectogestation could challenge the foundations of current legal, ethical and social frameworks in the UK – particularly those governing the attribution of legal parenthood.
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