The modern lifestyle coupled with very hectic schedule is taking young people and many of them whether male or female have started suffering from infertility related problems. This problem adds on to the already existing tension filled work schedule and vice versa. So in the last few years there have been mushrooming of infertility clinics in the Metros and other big cities in the country. There were many cases where couple becoming mother through surrogacy. When a woman due to some medical reasons can not go through pregnancy cycle , although she may evoluting and husband also has no problem. In that case her egg is fertilised with her husband’s sperm in a lab under controlled environment and then transferred to the womb of another woman who can go through the full pregnancy and deliver the baby, the process is known as surrogacy. The other woman can be some relation of the couple or non related woman who does this for financial benefits. There can be the case where woman’s husband is infertile , in that case woman has to take help of the sperm donor. In that case husband of the woman will not be biological father of the child. ( Most of you must have seen Bollywood film Vicky Donor on this subject). In reverse case, if woman is infertile than husband’s sperm are fertilised with the egg of some other woman, and then replanted in the womb of the same woman, this is also a form of surrogacy.
As there were no law in India to regulate this infertility industry, there have been many instances where poor women were financially exploited in the name of surrogacy. There have been many infertility clinics in the country dealing in the various process involved in infertility like Vitro Fertilisation, Embryo transfer, Sperm Banks etc etc, but because of no law to govern them even when some thing goes wrong at certain time these clinic get away with it. Few months back a Bollywood film named “Happy News” showed that two couples, where wives could not go through the early stages of pregnancy go in for Embryo transfer which is fertilised outside with their husband’s sperms. But their husbands had same surnames, and what the clinic does is , by accident the husbands’ sperm are interchanged. Both the women are already in the later stages of pregnancy, when this mistake is known. Then what happens afterwards is to be seen.
Considering all the above the govt has cleared the way for ” Assisted Reproductive Technology (ART) Regulation, Bill 2020, proposing a legal framework and code of conduct for these types of clinics and doctors. The bill proposes a fine of Rs 10 lakhs for anyone indulging in sale of embryo or trafficking at the first instance, and jail term of upto 12 years after that.It seeks to establish a National Registry and Registration Authority which will be applicable to all medical professionals and clinics operating or providing services in the field of ART. It also proposes to create a Central database of all clinics and sperm banks across the country. The database will also include detailed information about services like the nature of the method through which the outcome is achieved. The Bill prohibits sex determination and sex selection. It also contains provisions to ensure confidentiality of the donor as well as the recipient of such services. The nod for the ART bill comes on the heel of the Parliamentary Committee’s recommendations on the Surrogacy Regulation Bill in Rajya Sabha and the Medical Termination of Pregnancy (MTP) Amendment Bill 2020, that was approved by the Central cabinet earlier. Govt intends to bring ART bill before the Surrogacy Bill 2019 to establish regulatory mechanism for ART clinics.
All the three Bills are designed around protecting women’s reproductive rights. As per experts the ART Regulation Bill 2020 is supposed to be more over reaching and the first step to regulate this sector. In my opinion without registration and proper database of medical institutions and clinics providing such services, it is not possible to regulate services like surrogacy and abortion.
Friends, I hope this information on ART will add to your knowledge.
waiting for your views/comments/feedbacks on this blog.
Anil Malik,
Mumbai, India
20th Feb 2020.
R. N. Mungale.
Very good information as usual.