Friends, do not get confused with the title of this blog. I am not going to write about painting , sculpture etc, for today’s article ART means “ Assisted Reproductive Technology”. As per definition, ART includes all fertility treatments in which either eggs or embryos are handled. In general, ART procedures involve surgically removing eggs from a woman’s ovaries, combining them with sperm in the laboratory, and returning them to the woman’s body or donating them to another woman. They do not include treatments in which only sperm are handled (artificial insemination) or procedures in which a woman takes medicine only to stimulate egg production without the intention of retrieving the eggs.
The origin of the bill can be traced back to the “ National Guidelines for Accreditation, Supervision and Regulation of ART clinics in India”, drafted by the Indian Council of Medical Research (ICMR) in 2005. After many twists and turns, the bill was introduced during the monsoon session of Parliament in 2021. The bill is aimed at providing the “ safe and ethical practice of assisted reproductive technology services”, including egg or sperm donation, in-vitro fertilization (IVF), intrauterine insemination (IUI), and gestational surrogacy. Furthermore, it seeks to set minimum standards and codes of conduct for fertility clinics, and egg/sperm banks while introducing protective measures for egg donors, gestational surrogates, and children conceived through ART services.
Why is the ART Bill required?
India today is the hub of the global fertility industry with medical tourists flocking to the country for a variety of services. These include gamete donation (the use of donor sperm or eggs), intrauterine insemination (a procedure in which sperm is artificially inserted into the uterus), in –vitro fertilization (the egg is fertilized by sperm outside the body and then transferred to the uterus), intracytoplasmic sperm injection (a form of IVF in which live sperm is injected into the center of an egg), gestational surrogacy (in which surrogate carries the baby in the uterus but has no genetic link to it), and preimplantation genetic diagnostics (the screening of embryo for genetic conditions prior to implantation/pregnancy).
The ART bill underlined the need for standard operating procedures to achieve “uniform costs” and “global quality standards” across India for these and other fertility operations and services.
According to the ICMR committee report, a monitoring organization should be established to prevent private players from “commercializing” ART services. The ICMR estimated the reproductive section of the Indian Medical tourism business could be anywhere between $6 to 8 billion in 2020.
The ICMR had warned in the preamble of one draft of the law that there had been “exponential growth” of infertility clinics which might lead to unethical or exploitative practices. These issues are addressed in the bill presented in the parliament.
The ART bill has already been passed in Lok Sabha, it can only become law after it is passed in Rajya Sabha, along with the Surrogacy bill. As per Union Health Minister, the Surrogacy Bill has already been passed in Lok Sabha, both the bills, ie ART and Surrogacy now can be taken up in the Rajya Sabha.
What is the difference between ART and Surrogacy Bill?
n Surrogacy The Surrogacy (Regulation) Bill is about surrogacy, which is an infertility treatment in which a woman serves as the surrogate mother. While in ART, treatments can be obtained by the commissioning couple themselves, and a third person is not necessarily required. Surrogacy is only permitted for married couples. Married couples, live-in partners, single women, and foreigners are all eligible for ART operations. A 2015 announcement prevents foreigners, Overseas Citizens of India(OCI) or Person of Indian Origin (PIO) cardholders, from commissioning surrogacy in India, however, Non- Resident Indians (NRIs) with Indian citizenship can do so. Foreigners can visit India through Medical Tourism.
The Surrogacy Bill establishes a National Surrogacy Board that will contribute to policy development and serve as a supervisory body, as well as State Surrogacy Boards that will serve as executive bodies. The ART Bill establishes a National Board with powers granted by the Code of Civil Procedure to a civil court.
According to Health Ministry, Surrogacy Facilities in India are expected to be less than 1000, while ART clinics are estimated to number more than 40,000.
In my opinion, in the current time infertility is increasing among young couples. Therefore it is very essential that the ART Bill along with The Surrogacy (Regulation Bill) is passed without any further delay, so that it can become law, which will enable them to know about their rights and other nitty gritty of the Assisted Reproductive Technology (ART).
Waiting for your views on this blog.
Anil Malik
Mumbai, India
31st March 2022.