Overview of the Assisted Reproductive Technology (Regulation) Act, 2021

Overview of the Assisted Reproductive Technology (Regulation) Act, 2021

The Assisted Reproductive Technology (Regulation) Act, enacted on December 20, 2021, by the Parliament of India, aims to regulate the operations of assisted reproductive technology (ART) clinics and ART banks. The legislation addresses the rapid growth of ART services and emphasizes the rights and well-being of individuals undergoing fertility treatments and surrogacy.

Benefits and Significance of the Act

The Act brings several crucial benefits, including:

• Regulation and Oversight: It supervises ART clinics and banks, ensuring compliance with ethical and legal standards.
• Protection of Rights: The Act protects the rights of infertile couples and surrogate mothers by establishing clear guidelines for procedures and practices.
• Surrogacy Regulation: It offers legal protections to both surrogate mothers and intended parents, thus preventing exploitation.
• Ethical Practices: Guidelines for pre-implantation genetic diagnosis and sex selection ensure ethical standards in assisted reproduction.
• Research Regulation: The Act provides a framework for research involving human gametes, embryos, and gonadal tissues.
• Data Generation: A national ART registry is established to collect data for research and policy formulation, enhancing reproductive health.
• Child Rights: Children born through ART are recognized as legal biological children of the commissioning couple, ensuring their legal protection.

Criticisms and Weaknesses

Despite its benefits, the Act has faced criticism for various shortcomings, including:

• Professional Qualifications: The Act lacks details on the qualifications required for professionals in ART clinics, leading to potential ambiguity.
• Adoption Regulation: It does not address regulations for adoption, which many couples consider after unsuccessful ART attempts.
• Dispute Resolution in Surrogacy: There are insufficient provisions for resolving disputes arising from surrogacy contracts, particularly in international contexts.
• Implementation Challenges: The task of registering ART clinics and ensuring compliance poses significant challenges, especially at the state level.
• Cross-Border Concerns: Enforcing the prohibition on transferring gametes and embryos abroad can be difficult at ports and airports.
• Confidentiality and Data Use: While the national ART registry is beneficial, ensuring data confidentiality and ethical use for policy-making is critical.

Conclusion

The Assisted Reproductive Technology (Regulation) Act, 2021, represents a significant advancement in regulating assisted reproduction in India. While it offers various benefits, including the protection of rights and the establishment of ethical practices, it also encounters challenges and criticisms that need to be addressed. Ultimately, the Act aims to ensure effective management and oversight of ART clinics and banks, contributing positively to the welfare of individuals seeking fertility treatments while complying with legal and ethical standards.

Frequently Asked Questions (FAQs)

Q1. What is the purpose of the Assisted Reproductive Technology Act, 2021?
Answer: The Act regulates ART clinics and banks in India, ensuring ethical practices and safeguarding the rights of individuals undergoing fertility treatments and surrogacy.

Q2. How does the Act protect the rights of surrogate mothers?
Answer: It provides legal protections and guidelines to prevent exploitation of surrogate mothers, ensuring their rights and welfare throughout the surrogacy process.

Q3. What are the main criticisms of the ART Act?
Answer: Criticisms include a lack of clarity on professional qualifications in ART clinics and insufficient provisions for adoption and dispute resolution in surrogacy contracts.

Q4. Does the Act regulate research in assisted reproduction?
Answer: Yes, it includes guidelines for research involving human gametes and embryos, ensuring ethical standards are maintained in scientific exploration.

Q5. What is the significance of the national ART registry?
Answer: The national ART registry collects data that aids in research, policy formulation, and improving reproductive health practices across India.

UPSC Practice MCQs

Question 1: What is the primary objective of the Assisted Reproductive Technology Act, 2021?
A) To promote natural conception methods
B) To regulate ART clinics and protect patient rights
C) To eliminate surrogacy completely
D) To provide financial aid for infertility treatments
Correct Answer: B

Question 2: Which of the following is a criticism of the ART Act?
A) It includes comprehensive guidelines for adoption
B) It lacks clarity on professional qualifications in ART clinics
C) It fully protects the rights of all parties involved
D) It provides complete oversight of all ART procedures
Correct Answer: B

Question 3: The national ART registry primarily serves what purpose?
A) To restrict access to ART services
B) To collect data for research and policy-making
C) To manage financial transactions between clinics
D) To monitor the physical health of ART practitioners
Correct Answer: B