The Assisted Reproductive Technology (Regulation) Act, 2020
The Assisted Reproductive Technology (Regulation) Act, 2020 received the assent of the President on the 18th December, 2021.
Key Features of the Act
Defines Assisted Reproductive Technology (ART): All techniques that seek to obtain a pregnancy by handling the sperm or the oocyte (immature egg cell) outside the human body and transferring the gamete or the embryo into the reproductive system of a woman.
Regulation of ART Clinics and Banks: Every ART clinic and bank must be registered under the National Registry of Banks and Clinics of India. The National Registry will act as a central database with details of all ART clinics and banks in the country.
Conditions for offering ART Services: ART procedures require written informed consent of both the party seeking ART services as well as the donor. A clinic is prohibited from offering to provide a child of pre- determined sex. The Act also requires checking for genetic diseases before the embryo implantation.
Rights of a Child: Children born via ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child.
National and State Boards: National and State Boards for Surrogacy constituted under the Surrogacy (Regulation) Act will act as the National and State Board respectively for the regulation of ART services.
Powers and Functions of the National Board
Advising the central government on ART related policy matters.
Reviewing and monitoring the implementation of the Act.
Formulating code of conduct and standards for ART clinics and banks.
Overseeing various bodies to be constituted under the Act.
The State Boards will coordinate enforcement of the policies and guidelines for ART as per the recommendations, policies, and regulations of the National Board.
Offences and Penalties: It defines various offences such as
abandoning, or exploiting children born through ART,
selling, purchasing, trading, or importing human embryos or gametes,
using intermediates to obtain donors,
transferring the human embryo into a male or an animal.
It provides for a fine between five and ten lakh rupees for the first contravention. For subsequent contraventions, the offences will attract higher penalties.
