Assisted Reproductive Technology (ART) Bill

To help unmarried Men, Women and LGBTQ Couples to have children

In the winter session of the Parliament the Assisted Reproductive Technology (Regulation) Bill, 2020 was stated to be moved by Union Minister for Health and Family Welfare Mansukh Mandaviya. The Bill today witnessed strong debate. 

The Assisted Reproductive Technology Bill (ART) defines techniques that help to obtain a pregnancy outside the Human body. Examples of ART services include gamete (sperm or oocyte) donation, in-vitro-fertilization (fertilizing an egg in the lab), and gestational surrogacy (the child is not biologically related to the surrogate mother). 

The Bill seeks regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services, and for matters connected therewith or incidental thereto, be taken into consideration. 

The debate in the parliamentary very well put forward a few vital conclusions by different ministers:

• Any unethical behavior on the part of the medical fraternity will be penalized. The Bill must thus clearly state all punishments and fines clearly. 
• Every woman above 21 years of age can become a mother.
• This Act should not make motherhood a money-making tool 

Adhir Ranjan Chowdhury of the Indian National Congress stated that ART was discriminatory as certain provisions excluded surrogacy. There were still questions regarding the safeguarding of personal data and the rights of the child. 

Additionally, surrogacy and ART processes should not contradict each other. They must be clearly defined and in synchroneity. He stated: “There is also an ambiguity that we also have a Surrogacy Bill, we should ensure that there is a comprehensive law to be put in place with the ART Bill. The child should know who the parents are. 

The child should have the right to seek information about it. The Bill is silent on the right of the child.” 

Women who avail of the services under ART must also be safeguarded and provisions with regard to this must be incorporated. Navneet Ravi Rana quoting the movie “Mimi” stated the need to be aware people of the Bill and the rights of a surrogate mother. 

Moreover, Unmarried women, LGBTQ Couples, and single men now have got an opportunity to have a child. Due to the rise in infertility in the country, the ART services would provide safe and ethical methods of conceiving. However, the Bill remains silent on genetic control. 

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