Artificial womb technology, pregnancy, and EU employment rights

This article considers challenges for the European Union (EU) maternity and pregnancy rights framework when faced with advances in reproductive technology. Specifically, we consider how the introduction of the 'artificial womb' technology, an alternative to bodily gestation, would impact the availability of rights that exist under the maternity and discrimination framework. Employment rights in the EU context have already been confronted by the challenges of advancements in reproduction. We use the case law on in vitro fertilization (IVF) and surrogacy as a baseline for unpacking the challenges that 'artificial wombs' will bring. This analysis of the legal framework on maternity rights and sex discrimination will highlight potential avenues for integrating this technology and ensuring the continuation of rights for those opting for it. We advocate against the stratification of maternity and pregnancy rights based on the reproductive and gestational choices made by the pregnant person.

Automated summary

This article discusses the challenges faced by the European Union (EU) maternity and pregnancy rights framework in the context of advances in reproductive technology. Specifically, it explores the potential impact of the introduction of artificial womb technology on existing rights under the framework. By using in vitro fertilization (IVF) and surrogacy as a baseline, the article unpacks the challenges that artificial wombs may present and suggests potential avenues for integrating this technology while ensuring the continuation of rights. The article advocates against the stratification of maternity and pregnancy rights based on individual reproductive and gestational choices.