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

Abstract

This article explores the ethical and legal challenges posed by the regulation of assisted reproductive technologies (ART) in Spain, using a human rights-based framework. While the Spanish legal system provides relatively broad access to ART, including for single women and lesbian couples, it fails to adequately address key normative tensions between competing rights (such as bodily autonomy, the right to identity, protection from exploitation, and the best interests of the child). The analysis reveals how the existing legal model is shaped by an individualistic and liberal conception of reproductive rights, which overlooks the structural, interdependent, and relational dimensions of assisted reproduction. Building on feminist bioethics and reproductive justice theories, we propose a relational justice approach that foregrounds the ethical responsibilities and vulnerabilities shared by all actors involved (parents, donors, children, professionals, and the state). This framework allows for a more nuanced deliberation of rights in conflict, and calls for regulatory reforms that prioritize ethical consistency, reproductive equity, and care-based practices. The article concludes that strengthening ART regulation in Spain requires not only guaranteeing access, but also ensuring the conditions for ethically sustainable and socially just reproductive experiences.