08 Dec ASSISTED REPRODUCTIVE TECHNOLOGY(ART) BILL 2021 GS -2 HEALTH, SOCIAL INFRASTRUCTURE
ASSISTED REPRODUCTIVE TECHNOLOGY(ART) BILL 2021 GS -2 HEALTH, SOCIAL INFRASTRUCTURE- Today Current Affairs
The technological revolution has helped India became a major global centre of fertility industry in the field of medical tourism through the use of assisted reproductive technology the pace with which the fertility industry has game significance call for regulation to curb unethical practices like sex selection,gamets-sale etc. It is due to this lack of standardisation of protocols, the lok sabha has passed the assisted reproductive technology bill 2020. Its operationalization depends on the upper house clearing surrogacy bill in addition to the ART bill.
Assisted reproductive technology- The Hindu Analysis
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The bill says that ART facilitates a pregnancy by handling the sperm or the Oocyte(immature egg cell) outside the body and later transferring the gamete or the embryo into the women’s reproductive system. The provision of ART services spans gamete donation, intrauterine insemination,IVF, gestational surrogacy etc.
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Regulation of ART clinics- it will be mandatory for the assisted reproductive technology clinics and banks to get registered under the National register of banks and clinics of India. It will act as a central database of all ART clinics. Registration process will be facilitated by the authorities appointed by State governments. The registration will be valid for 5 years and can be renewed for a further 5 years. In case of contravention, the registration may stand cancelled or suspended.
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Condition for gamete donation- donation will be done only at registered ART banks. A male between 21-55 years and female between 23-35 years are eligible for donation. A bank cannot supply gametes of a single donor to more than one commissioning couple.
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Conditions for offering ART services- written informed consent will be required to carry on the procedure. There is a provision of insurance coverage to Oocyte donors by the commissioning couple. Pre-determined sex selection is prohibited in the clinic. The bill also required checking for genetic diseases before the embryo implantation.
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Right of a child born through ART- The ART born child will be treated on par with the biological child enjoying equal rights and privileges. A doner will have no parental right over the child.
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National and state boards- 1) To advise the Central Government on ART related policy matters.
2) to review and monitor the implementation of the bill.
3) to formulate code of conduct and standards for ART clinics and banks.
4) To oversee various bodies constituted under the bill.The state boards will coordinate for the same.
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Offences and penalties- 1) Abandoning or exploiting children born through ART.
2) selling, purchasing, trading or importing embryos/gametes.
3) To use intermediaries to obtain donors etc.
Punishment will be between 5 lakh to 10 lakh for the first contravention and for subsequent contraventions there will be imprisonment for a term between 8-12 year and fine between 10-20 lacs.
CONCERNS
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Discrimination in accessibility-single men, cohabiting hetrosexual couples and LGBT individuals are excluded from the Ambit assessing ART services.
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Duplicacy- creation of multiple bodies for registration will be chaotic and will result in duplication or lack of regulation.
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Cost of the services- there is a need to monitor the cost of procedure so that it remains accessible to all.
Way forward
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To ensure ethical practises ART clinics and banks must have at its committee along with the mandatory counselling services, to guide the Commissioning couples regarding advantages and disadvantages.
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Adoption as an alternative to ART should also be informed to the childless couple.
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ART 2021 Bill should be synchronised with the surrogacy regulations bill.
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All ART bodies should follow the directions of central and state governments in the national interest,public order,decency and morality.
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There should be a review of its constitutional, medico-legal, ethical and regulatory aspects.
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