The Assisted Reproductive Technology (Regulation) Bill, 2020, was recently introduced in the Lok Sabha. The bill aims to regulate Assisted Reproductive Technology (ART) banks and clinics, ensuring safe and ethical practice, and protecting women and children from exploitation. However, the bill also raises several concerns related to accessibility, protection of donors, and possible gamete shortages.
Understanding Assisted Reproductive Technology
ART is a medical approach to treating infertility. It involves fertility treatments that handle both a woman’s egg and a man’s sperm. The process involves extracting eggs from a woman’s body, mixing them with sperm to produce embryos, and then placing these embryos back into the woman’s body. The most common and effective type of ART is In Vitro Fertilization (IVF). ART procedures might utilize donor eggs or sperm, previously frozen embryos, or even a surrogate carrier.
The Aim of the Bill
The central objective of the Assisted Reproductive Technology (Regulation) Bill is to provide regulation for ART banks and clinics. This oversight helps ensure the safe and ethical use of these technologies and guards against the exploitation of women and children. The bill was introduced as a complement to the Surrogacy (Regulation) Bill, 2019, which seeks to prohibit commercial surrogacy in India.
Concerns Raised by the Bill
While the bill introduces necessary regulations, it also brings up several contentious issues.
Discrimination in Accessibility
The current form of the bill allows only married heterosexual couples or women above the marriage age to access ARTs. This provision excludes single men, cohabiting heterosexual couples, and LGBTQ+ individuals and couples. This exclusionary approach may violate Article 14 of the Indian Constitution and the Right to Privacy jurisprudence established in 2017’s Puttaswamy case.
Less Protection for Donors
The bill offers minimal protections for egg donors. Extraction of eggs is an invasive procedure that can potentially result in death if not correctly performed. The bill mandates written consent from the donor but does not guarantee her counselling or the right to withdraw consent at any stage of the process.
Ambiguity in Genetic Disorders
The bill necessitates pre-implantation genetic testing, and in cases where embryos exhibit “pre-existing, inheritable, life-threatening or genetic diseases”, they can be donated for research with permission from the commissioning parties. However, the bill does not clearly define these disorders, leading to potential misinterpretation.
Children’s Right to Information
Children conceived through ART do not have the legal right to know their biological parentage under the proposed bill. This condition could adversely impact these children as they mature, considering knowing one’s biological origins is vital to personal identity formation.
Inconsistencies Between the Bill and the Surrogacy (Regulation) Bill
Although the Assisted Reproductive Technology (Regulation) Bill and the Surrogacy (Regulation) Bill should work cohesively, there are several contradictions between the two bills.
Potential Gamete Shortage
The bill lacks clarity on whether known friends and relatives can gift gametes to each other, a practice previously disallowed. This lack of clarity might lead to a gamete shortage.
Poorly Drafted Prohibitions
The bill’s prohibitions on the sale, transfer, or use of gametes and embryos are poorly worded and may cause confusion among individuals seeking fertility treatment.
Proposed Enhancements to the Bill
To address the concerns raised by the bill, several modifications are necessary.
Addressing Legal and Ethical Concerns
To create a more equitable and inclusive bill, it is essential to review all constitutional, medico-legal, ethical, and regulatory issues raised by the proposed legislation. Additionally, it would be beneficial to establish ethics committees at clinics, ensure independent counselling services, and synchronize definitions between the Assisted Reproductive Technology (Regulation) Bill and the Surrogacy (Regulation) Bill. Furthermore, all ART bodies should adhere to the directions of central and state governments in matters of national interest, foreign relations, public order, decency, and morality.
