The Assisted Reproductive Technology (Regulation) Act, 2021
✅ Overview: The Assisted Reproductive Technology (Regulation) Act, 2021
The Assisted Reproductive Technology (Regulation) Act, 2021, often referred to as the ART Act, was enacted by the Indian Parliament to regulate assisted reproductive technology (ART) services like IVF (In Vitro Fertilization), IUI (Intrauterine Insemination), sperm and egg donation, embryo transfer, and more.
This Act aims to ensure ethical practices, prevent exploitation, and protect the rights of women, donors, children born through ART, and intending parents.
🎯 Key Objectives
To regulate and supervise ART clinics and banks.
To ensure safe and ethical ART services.
To protect the rights of donors, surrogates, couples, and children born through ART.
To prevent misuse and commercialization of reproductive technologies.
To promote accountability through national and state boards.
📋 Summary Table: Assisted Reproductive Technology (Regulation) Act, 2021
| Aspect | Details |
|---|---|
| Purpose | To regulate and standardize ART procedures and ensure ethical and legal practices. |
| Scope | Applies to all ART clinics, ART banks, and service providers in India. |
| Regulatory Bodies | Establishes National ART and Surrogacy Board and State Boards to oversee implementation. |
| ART Clinics & Banks | Must be registered; required to maintain proper records and follow prescribed standards. |
| Eligibility for ART Services | Only married heterosexual couples and single women (widows or divorcees) are eligible. |
| Donor Regulations | - Donors (sperm/egg) must be screened medically and psychologically. - Identity to remain confidential. |
| Rights of Donor-Conceived Child | Has the right to seek medical history of donor (but not identity). |
| Prohibitions | - Sale/purchase of embryos, gametes. - Sex selection. - Use of ART for illegal activities. |
| Consent Requirements | Written informed consent is mandatory from all parties involved (intended parents, donors). |
| Record-Keeping | ART clinics must maintain records for a minimum of 10 years. |
| Penalties for Violation | Includes fines and imprisonment for illegal ART practices (e.g., unauthorized clinics). |
| Offenses & Punishment | - First offense: ₹5-10 lakh fine. - Repeat offense: up to 10 years imprisonment. |
| Confidentiality Clause | Clinics must maintain strict confidentiality of all parties involved. |
| Insurance for Donors | Egg donors must be insured by the clinic for complications arising due to donation. |
| Ban on Foreign Nationals | Foreign nationals, NRIs, and OCIs are not allowed to avail ART services in India. |
🧾 Important Highlights
ART clinics cannot function without registration under this Act.
The law distinguishes ART from surrogacy, which is separately regulated under the Surrogacy (Regulation) Act, 2021.
Commercial ART is banned; only altruistic egg or sperm donation is allowed.
The child born through ART is considered the biological child of the intending couple or woman.
🛡️ Why This Act Was Needed
To address the unregulated growth of fertility clinics and misuse of ART.
To prevent exploitation of poor women and unethical practices.
To provide a legal framework for dispute resolution, especially in parental claims. Do write to us if you need any further assistance.
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