The Union Cabinet has recently given its approval for the Assisted Reproductive Technology (ART) Regulation Bill, 2020. This landmark legislation aims to regulate and monitor medical procedures that assist individuals in achieving pregnancy. The bill could give infertile couples a newfound sense of confidence in the ethical practices of ARTs.
What is Assisted Reproductive Technology (ART)?
ART refers to a collection of fertility treatments that involve handling 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 create embryos, and reintroducing these embryos into the woman’s body. In vitro fertilization (IVF) is the most common and effective type of ART. Some procedures might also use donor eggs, sperm, or previously frozen embryos, and may even involve a surrogate carrier.
Key Features of the ART Regulation Bill
The ART Regulation Bill proposes several key provisions aimed at ensuring safe and ethical practice of ART services. These include maintaining confidentiality for intending couples, protecting the rights of children born through ART, and making pre-genetic implantation testing mandatory. This testing allows doctors to screen embryos for possible chromosomal abnormalities before transferring them to the uterus, helping to prevent genetic diseases in the population born through these technologies.
Regulatory Measures and Punishment Provisions
Under the bill, a National Board will be established to enforce a code of conduct for those operating ART clinics. State-level Regulatory Boards will also be set up within three months of the bill’s notification, tasked with adhering to policies and plans laid out by the National Board.
In an attempt to curb illegal practices, the bill proposes stringent punishments for sex selection, sale of human embryos or gametes, and running agencies or organisations involved in unlawful activities. Those found guilty of trafficking and selling embryos will be fined Rs 10 lakh for the first instance, and could face up to 12 years in prison for subsequent offenses.
The Need for ART Regulation
The past few years have seen an exponential growth in the use of assisted reproductive technology. India, in particular, has experienced a surge in the number of ART centres and cycles performed each year. Despite this development, there is currently no standardisation of protocols and reporting remains inadequate.
Additionally, India’s burgeoning fertility industry has introduced a host of legal, ethical, and social issues. The Parliament’s select committee that examined the Surrogacy Regulation Bill, 2019, suggested that it would be necessary to first regulate the ART sector with this bill. Without a proper database and registration system for medical institutions providing these services, regulation remains impossible.
The ART Regulation Bill is a crucial first step towards addressing the concerns surrounding assisted reproductive technology. It is geared towards protecting and recognizing women’s reproductive rights, ensuring that medical advancements in this field are matched by equally robust regulatory frameworks.
Last Modified: February 7, 2024