Assisted Reproductive technology(ART)

The Assisted Reproductive Technology (Regulation) Bill, 2020

INTRODUCED BY

Introduced by

Dr Harsha Vardhan

Minister of Health. 

SYNOPSIS

The bill seeks to provide for the regulation of Assisted Reproductive Technology  (ART) services in the country with an aim to regulate ART banks and clinics, allow safe and ethical practice of ARTs and protect women and children from exploitation.

HIGHLIGHTS

Salient Points ()

Registration of ART clinics and banks

  • All ART clinics and banks have to get themselves registered under National registry of banks and clinics of India. 
  • The national registry will be considered as central database for ART clinics in the country.

Validity of ART clinics

  • The ART clinics needs to be renewed every 5 years
  • ART clinics needs to adhere to all standard as defined by the bill (specialized manpower, infrastructure and diagnostic center).

Conditions for gamete donation and supply

  • A bank can obtain sperm from male aged between 21-55 yrs and oocytes (immature eggs) from females aged between 23-35 yrs.
  • A bank cannot donate gamete of single donor to multiple parties/couples. 

Condition for women

  • Only a married women with a 3 year old or above child can donate oocyte.
  • Married women can only donate once in her lifetime.

Conditions for ART services

  • Informal written consent is required from both parties i.e. donor and couple.
  • A bank cannot provide pre-determined sex of the child.

Rights of the child

  • A child born through ART will be considered as a biological child of couple seeking ART services.
  • Donor will not have any right on the born child.

 

Penalties

  • Any offence will attract 5-10 lakhs for first time offenders. Subsequent offence by offenders will face   8-12 years jail term and  a fine of  10-20 lakhs. 
  • Any bank advertising sex selective services will be imprisoned with 5-10 years or fine between 10-25 lakhs. 

BACKGROUND

The Bill was introduced to supplement the Surrogacy (Regulation) Bill, 2019 (SRB).

There has been fall in fertility rate in the country because of late marriage and single parenthood.

KEY STATS

Key Stats ()

# of infertile couples in India

27 million

# of ART clinics registered under national registry of clinics and banks under ICMR

517

# of estimated ART clinics in India.

3,000

TIMELINES

14 Sep 2020
03 Oct 2020
Winter session

WHY (as per the govt)

Salient Points ()

This will regulate ART clinics and banks, prevention of misuse, safe and ethical practice of ART services in the country.

This will standardize the protocols and procedures to be followed by ART service providers as well as couple seeking these services.

India has become one of the major centers of this global fertility industry and has become significant medical tourism.

WHY NOT (as per opposition)

Salient Points ()

The bill is unconstitutional as it discriminates between unmarried and same sex couples - Shashi Tharoor

It has imposing restriction i.e. only a married women having her own child of 3 years is allowed as a donor - Shashi Tharoor.

The bill does not provide safety to the donor. And is silent on the risk involved during the  whole process or in case of death of the donor.

The bill is inconsistent on governing practices viz a viz to surrogacy bill.

MEDIA SAYING

VIDEOS

Videos ()

FAQs

ART stands for Assisted Reproductive Services, which helps couples who are unable to conceive naturally with the help of state of art technology.

There are two types of ART.

Artificial Insemination (AI) – Is a procedure in which sperm is directly injected into women’s uterus to attain pregnancy without sexual intercourse. 

In vitro fertilization (IVF) – Procedure in which mature egg is collected from ovaries and fertilized by a sperm in a lab.

SRB (Surrogacy Regulation Bill) and ART (Artificial Reproductive Technology Bill) - Boon or Bane

  • Both the bills are silent on qualification of ART teams and procedure.
  • The bills restricts the rights of unmarried couples, homosexual couples , single person and older couples. It only provides assistance to married couples falling within the certain age limit.
  •  The bills also do not take care of the financial implications of surrogate mother or women donor in ART, who potentially stand to lose her income.

ORIGINAL BILL

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