Why in News
India Regulates Assisted Reproductive Technology Services: The Ministry of Health and Family Welfare (MoHFW) notified the Assisted Reproductive Technology (Regulation) Amendment Rules, 2023, under the Assisted Reproductive Technology (Regulation) Act, 2021. The framework aims to improve medical safeguards, regulate ART facilities and protect patients and donors.
What Is Assisted Reproductive Technology?
Assisted Reproductive Technology (ART) refers to techniques involving the handling of sperm or eggs outside the human body to achieve pregnancy, including the transfer of an embryo into the woman’s reproductive tract.
Major procedures include in-vitro fertilisation (IVF) and the use of donated sperm or eggs. ART is distinct from treatments that do not involve handling reproductive cells outside the body.
Static GK fact: In IVF, eggs are collected and fertilised with sperm in a laboratory. The resulting embryos may be transferred to the uterus or cryopreserved for possible future use.
Key Provisions of the ART Act, 2021 Registration of Clinics and Banks
ART clinics and banks must register under the National Registry of ART Clinics and Banks of India. The registry maintains information on registered institutions. Registration is valid for five years and may be renewed for another five years. Registration can be suspended or cancelled for violations of the law.
Donor Eligibility and Services
Registered ART banks may collect and store semen from men aged 21–55 years and eggs from women aged 23–35 years, subject to applicable rules.
The Act also prescribes eligibility conditions for female donors, including requirements concerning marital status and having a child of their own. These provisions have attracted debate over their effect on donor availability.
Consent and Donor Protection
ART procedures require written informed consent from the commissioning couple or woman and the donor, as applicable. The law also requires insurance coverage for female donors against specified risks, including loss, damage or death associated with the procedure.
A child born through ART is treated as the legal child of the commissioning couple, where applicable, and the donor does not retain parental rights over the child.
Regulatory Oversight
The Act establishes national and state-level oversight through the relevant regulatory boards. Their functions include advising governments, monitoring implementation and developing standards of conduct for ART clinics and banks.
Prohibited Practices and Penalties
The law prohibits practices such as the sale or trade of human embryos, exploitation of patients or donors, abandonment of children born through ART and transferring embryos into males or animals.
It also prohibits sex-selective ART services and related advertising. Violations can attract imprisonment and financial penalties, with the applicable punishment depending on the offence.
Static GK Tip: The Surrogacy (Regulation) Act, 2021 separately regulates surrogacy and prohibits commercial surrogacy while permitting altruistic surrogacy subject to statutory conditions.
Significance of ART Regulation
The legal framework seeks to improve medical standards, strengthen accountability and reduce exploitation in fertility treatment. Registration and monitoring can help patients identify regulated providers and support safer reproductive healthcare.
The law also clarifies the legal status of children born through ART and the responsibilities of clinics, banks and donors.
Major Concerns
Limited donor availability: Eligibility restrictions may reduce the pool of potential sperm and egg donors, making treatment more difficult for some patients.
Higher treatment costs: Donor screening, insurance and regulatory compliance may increase expenses for clinics and patients.
Restrictions on donation: Limits on donation and related procedures may affect the availability of reproductive material and create additional challenges for people requiring multiple treatment cycles.
These concerns highlight the need to balance donor safety and ethical safeguards with access to affordable fertility care.
Static Usthadian Current Affairs Table
India Regulates Assisted Reproductive Technology Services:
| Fact | Detail |
| Governing legislation | ART (Regulation) Act, 2021 |
| Amendment rules in focus | ART (Regulation) Amendment Rules, 2023 |
| Nodal ministry | Ministry of Health and Family Welfare |
| ART meaning | Techniques handling sperm or eggs outside the body to achieve pregnancy |
| Example of ART | In-vitro fertilisation (IVF) |
| Male semen donor age | 21–55 years under the Act |
| Female egg donor age | 23–35 years under the Act |
| Registration validity | Five years, renewable for another five years |
| Related legislation | Surrogacy (Regulation) Act, 2021 |
| Key objectives | Regulation, informed consent, donor protection and prevention of exploitation |
