Dr Harsha Vardhan
Minister of Health.
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.
Salient Points ()
- 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.
- 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).
- 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.
- Only a married women with a 3 year old or above child can donate oocyte.
- Married women can only donate once in her lifetime.
- Informal written consent is required from both parties i.e. donor and couple.
- A bank cannot provide pre-determined sex 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.
- 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.
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.
Bill introduced in Lok Sabha.
Bill referred to standing committee.
Report by standing committee.
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 ()
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.
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.