Context : The lower house of the parliament of India (Loksabha )had passed ART (Regulation ) bill on 1st of Dec 2021 and it was proposed to establish a new national registry and registration authority for all clinics and medical institution and hospitals and medical professionals serving in this filed through this Bill
Introduction : Assisted Reproductive Technology Bill was introduced in Loksabha in the month of September 2020 by the government but the house transferred this bill to standing committee of parliament and these committees amended in some portion of this bil again it was passed by Loksabha by 1st dec 2021
This bill seeks to regulate and supervise ART clines and ART banks , prevent misuse, adopt safe and ethical practices and so on .
General Provisions of This Bill :
Registration for every ART clinic and banks would be mandatory and without registration any Clinic would be treated as illegal activity . On the bases of registration central database would be prepared
There must be certain prerequisite conditions for the registration of any ART clinic like they should have certain standards (specialised manpower, physical infrastructure, and diagnostic facilities).
After Each five year this registration would be renewed
Registration and Screening of every gamete donor would be mandatory and the work of collection and storage of semen, and provision of oocyte donor can only be done by a registered ART bank.
A bank cannot supply gamut of a single donor to more than one commissioning couple (couple seeking services).
Those part wich are going to opt service of ART clinics must have to take insurance coverage in the favour of the oocyte donor (for any loss, damage, or death of the donor)
Proper medical check up must be done before any embryo implantation.
The child born through this process may be considered as a biological child and that child would enjoy every rights and privileges of a natural child . DNA test would be completely prohibited in future for the identification of that child
National and State Boards for Surrogacy constituted under the Surrogacy (Regulation) Bill, 2019 will act as the National and State Board respectively for the regulation of ART services.
Any medical practitioners or any medical institute of cline would be charged fine and imprisonment if they violate any rules of this act . They will be punished with imprisonment between five and ten years, or fined between Rs 10 lakh and Rs 25 lakh, or both.
Present day it has been observed that many clinics and hospitals related to ART are running in the country without any formal registration . This act would definitely regulate these hospitals and clinics .
Even though this law would not be applicable and would be relaxable on lesbians , bisexual or transgender people (LGBTQ community) and single men for exercising the right . At the time of debate our minister of Health Mansukh Mandaviya also assured that the government would help those poor people also who want to take help from ART clinics.
This would be a big step for the government and it will blow a flame of light in the houses of those poor persons who can not take help from the ART clinic because of Huge cost of this process.