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ART, Surrogacy Bills

Date: 04 December 2021 Tags: Bills & Laws

Issue

The Assisted Reproductive Technology Regulation Bill, 2020, was passed by the Lok Sabha during this Winter Session.

 

Background

The bill will ensure safe and ethical practice of assisted reproductive technology (ART) services in the country.

 

Details

  • To uphold the reproductive rights of women, the Surrogacy (Regulation) Bill, 2019 was passed on August 5, 2019. 

  • The Select Committee, to which the Surrogacy bill was referred, suggested that the ART bill should be brought first to address the technical and medical aspects.

 

Differences

  • The ART treatment can be availed by the commissioning couples without the involvement of third person. In surrogacy, a surrogate mother will be needed to carry the child of a couple.

  • Surrogacy is allowed for only married Indian couples. ART can be availed by married couple, live in couples, foreigners and single women.

  • Foreigners or OCI or PIO cardholders cannot commission surrogacy in India.  NRIs holding Indian citizenship can get surrogacy.

  • ART can be availed by foreigners under medical tourism. National Surrogacy Board will be policy formulator and supervisor for surrogacy services in the country.

 

Need for ART bill

  • There are no standard protocols for ART clinics in India but the growth of such clinics is among the highest in the world.

  • The bill seeks to provide regulation and supervision of ART clinics and ART banks, which at present is not present in ART clinics as yet.

 

ART banks

  • ART bill aim to manage all the process involved in pregnancy, starting from obtaining sperm or the oocyte outside the human body, and transferring the gamete or the embryo into the reproductive system of a woman. 

  • Women above the legal age of marriage and below 50, and to men above the legal age of marriage and below 55 will come under ART services.

 

Functions of authority

  • To grant, suspend, or cancel the registration of ART centres

  • To investigate complaints of any breach of provisions

  • To enforce the standards and supervise implementation of the law

  • To take legal action against the misuse of ART and initiate independent investigations

  • To recommend to the National and State Boards on modifying the regulation with changes in technology and social conditions