Women, Wombs and Warnock: 40 years after the Warnock Report, is legislation fit for purpose for uterus transplantation?

Abstract

This article examines and evaluates the adequacy of current legislation regarding uterus transplants in light of the Warnock Committee's foundational work on reproductive ethics and technology. With increasing advancements in reproductive technology, the potential for uterus transplants to provide opportunities for cisgender women with absolute uterine factor infertility (AUFI) to gestate has garnered significant attention. However, existing legal frameworks often lag behind medical innovations, leading to disparities in access, regulation, and patient rights. Questions also arise regarding applying existing legislation to novel medical innovations, such as the potential to provide a uterus transplant to transgender women. As uterus transplantation emerges as a viable treatment option for cisgender women with absolute uterine factor infertility, the need for comprehensive legal frameworks becomes increasingly urgent and so this article assesses whether existing assisted reproduction laws are fit for purpose or whether reform is required given advances in reproductive medicine such as uterus transplantation.