Assisted Reproductive Technology (Regulation) Bill, 2021

Context

Lok Sabha has passed the Assisted Reproductive Technology (Regulation) Bill, 2021.

Key-provisions

• Regulation of ART Clinics: The Bill provides for the establishment of the National Registry of Clinics and Banks, which will act as a central database for details of all the clinics and banks in the country. The Registry will grant registration to ART clinics which will be valid for five years and can be renewed for a further five years. Registration may be cancelled or suspended if the entity contravenes the provisions of the Bill. 
• National and State Boards: The Bill also provides for the establishment of National and State Boards for Surrogacy for the regulation of ART services. The National Board shall advise the Central Government on policy matters relating to assisted reproductive technology.
  • The board will set minimum standards of physical infrastructure, laboratory, diagnostic equipment and expert manpower to be employed by clinics and banks.
• Rules for ART service providers: ART procedures can only be carried out with the written informed consent of both the person seeking ART services as well as the gamete donor. 
• Rights of a Child Born through ART: The Bill provides that the child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in force.
• Offences: Offences under the bill include clinics offering sex selection, abandoning or exploiting children born through ART, the selling, buying, or importing of human embryos and exploiting the couple or donors concerned in any form. Proposed jail terms for violations range from five to 12 years, and fines from Rs 5 lakh to Rs 25 lakh.
  • For First-Time Offenders-It may attract a penalty between Rs. 5 lakhs and Rs. 10 lakhs.
  • For Subsequent Contraventions-Punishable with imprisonment for a term between eight and 12 years, and a fine between Rs. 10 and Rs. 20 lakh.
  • Any Clinic or Bank Advertising or Offering Sex-Selective ART-Punishable with imprisonment between five and ten years, or fine between Rs. 10 lakh and Rs. 25 lakh, or both.

Need

• To Standardize Protocols: There are so many such ART clinics that have been running without regulation and there are implications on the health of those who undertake the procedure.
• If there is no regulation, the unethical practices will increase.