The Assisted Reproductive Technology (Regulation) Act, 2021 is a piece of legislation that regulates the use of assisted reproductive technology (ART) in India. This Act aims to provide a legal framework for the regulation of ART procedures, including in vitro fertilization (IVF), surrogacy, and egg and sperm donation.
One of the key provisions of the Act is the establishment of a national regulatory authority, called the National Assisted Reproductive Technology Regulation Authority (NARTRA), to oversee the regulation and supervision of ART procedures in the country. The Act also requires the registration and licensing of ART clinics and the establishment of a national registry for ART procedures.
One of the main aims of the Act is to protect the rights and welfare of individuals involved in ART procedures, including intended parents, surrogates, and donors. The Act includes provisions for the informed consent of all parties involved, as well as provisions for the protection of their physical and mental health.
Another important aspect of the Act is its provisions for the regulation of surrogacy arrangements. The Act allows for both commercial and altruistic surrogacy, but imposes strict eligibility criteria for surrogates, including age, health, and family circumstances. The Act also requires that surrogacy agreements be registered with the NARTRA and that intended parents undergo counselling before entering into a surrogacy arrangement.
In addition to regulating surrogacy arrangements, the Act also addresses the issue of egg and sperm donation. The Act requires that all donors be screened for infectious diseases and genetic disorders, and that their identities be kept anonymous. The Act also imposes strict limits on the number of times a person can donate their eggs or sperm, in order to protect their physical health.
The Assisted Reproductive Technology (Regulation) Act, 2021 represents a comprehensive approach to the regulation of ART in India. It balances the need for access to these important medical procedures with the need to protect the rights and welfare of all parties involved.
The Assisted Reproductive Technology (Regulation) Act, 2021 is divided into several sections, each addressing a different aspect of the regulation of ART. Some of the key sections of the Act include:
- Establishment of the National Assisted Reproductive Technology Regulation Authority (NARTRA): This section establishes the NARTRA as the national regulatory authority for ART in India, with the power to register and license ART clinics, and to maintain a national registry of ART procedures.
- Registration and licensing of ART clinics: This section requires all ART clinics to be registered and licensed by the NARTRA in order to carry out ART procedures. The Act also imposes strict standards for the infrastructure, equipment, and personnel of ART clinics.
- Regulation of surrogacy arrangements: This section regulates both commercial and altruistic surrogacy, setting out the eligibility criteria for surrogates and the requirements for surrogacy agreements to be registered with the NARTRA.
- Regulation of egg and sperm donation: This section sets out the requirements for the screening and selection of egg and sperm donors, as well as the limits on the number of times a person can donate their eggs or sperm.
- Protection of the rights and welfare of individuals involved in ART: This section includes provisions for the informed consent of all parties involved in ART procedures, as well as provisions for the protection of their physical and mental health.
- Offences and penalties: This section sets out the offences and penalties for violations of the Act, including fines and imprisonment for non-compliance with its provisions.
Overall, the Assisted Reproductive Technology (Regulation) Act, 2021 is a positive step towards the regulation and supervision of ART procedures in India. It provides a legal framework for the protection of the rights and welfare of individuals involved in these procedures, and helps to ensure that ART is carried out in a safe and ethical manner.
