Artificial reproductive technology (ART) and surrogacy have revolutionized the field of infertility treatment over the past few decades. With the advancements in medical technology and the increasing demand for assisted reproductive treatments, the importance of legal frameworks for ART and surrogacy has become even more crucial.

In India, the ART Bill, 2010 and the Surrogacy (Regulation) Bill, 2019 have been introduced to regulate and standardize the practices of ART and surrogacy in the country.

What is ART and Surrogacy?

Artificial reproductive technology (ART) refers to a range of medical procedures used to treat infertility and assist couples in achieving pregnancy. These procedures include in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), and gamete intrafallopian transfer (GIFT).

ART is a highly specialized and regulated field that requires the collaboration of a range of professionals, including gynecologists, embryologists, andrologists, and counselors.

Surrogacy, on the other hand, is a form of assisted reproductive technology where a woman carries and gives birth to a child on behalf of another individual or couple. 

There are two types of surrogacy  traditional surrogacy, where the surrogate is biologically related to the child, and gestational surrogacy, where the surrogate carries an embryo created using the intended parents’ or donors’ gametes.

Why is regulation of ART and surrogacy necessary?

The growing popularity of Artificial reproductive technology (ART) and surrogacy has led to an increased demand for regulation in the field. This is due to several reasons, including:

1. Protection of the rights of intended parents and surrogates

With the growing demand for ART and surrogacy, there have been instances of exploitation and abuse of surrogates and intended parents. Regulation of the field helps to ensure that the rights of all parties involved are protected and that they are treated with dignity and respect.

2. Standardization of practices

Artificial reproductive technology (ART) and surrogacy involve complex medical procedures that can have significant consequences for the health and well-being of intended parents, surrogates, and offspring. Regulation helps to standardize and regulate the practices of ART and surrogacy, ensuring that all parties receive the highest possible standard of care.

3. Promotion of transparency

The regulation of ART and surrogacy helps to promote transparency in the field by requiring all parties involved to provide accurate and up-to-date information about the procedures and their outcomes. This helps to ensure that intended parents and surrogates are fully informed about the risks and benefits of ART and surrogacy and can make informed decisions about their treatment options.

4. Prevention of illegal practices

Artificial reproductive technology (ART) and surrogacy are complex medical procedures that can be vulnerable to abuse and exploitation. Regulation of the field helps to prevent illegal practices, such as the exploitation of surrogates, and ensures that all parties involved are protected.

The ART Bill, 2010

The ART Bill, 2010 was introduced in India to regulate the practices of ART in the country. The bill defines ART as “any procedure or treatment including gamete intra-fallopian transfer (GIFT), zygote intra-fallopian transfer (ZIFT), intracytoplasmic sperm injection (ICSI), donor insemination, cryopreservation of gametes or embryos, and any other similar procedure or treatment, as may be prescribed.”

The ART Bill, 2010 aims to provide a legal framework for ART procedures in India, with the goal of protecting the rights of intended parents and surrogates, standardizing the practices of ART, and promoting transparency in the field.

The bill requires all ART clinics to be registered and regulated by the appropriate authority, and mandates the establishment of a national and state-level ART registry to monitor and report on ART practices in the country.

The bill also sets standards for the training and qualifications of ART specialists and requires that all ART clinics have a qualified medical director and a counselor to provide support and advice to intended parents and surrogates.

The ART Bill, 2010 also addresses important ethical considerations related to ART, such as the rights of the child, the use of donor gametes, and the confidentiality of medical information. The bill requires that all ART clinics adhere to strict ethical standards, and prohibits practices such as commercial surrogacy and the sale or purchase of gametes or embryos.

The Surrogacy (Regulation) Bill, 2019

The Surrogacy (Regulation) Bill, 2019 was introduced in India to regulate the practices of surrogacy in the country. The bill defines surrogacy as “a practice whereby a woman agrees to carry a pregnancy for another person or persons, who will become the parent(s) of the child.”

The Surrogacy (Regulation) Bill, 2019 aims to provide a legal framework for surrogacy in India, with the goal of protecting the rights of intended parents and surrogates, standardizing the practices of surrogacy, and promoting transparency in the field.

The bill requires all surrogacy arrangements to be registered and regulated by the appropriate authority, and mandates the establishment of a national and state-level surrogacy registry to monitor and report on surrogacy practices in the country.

The bill sets standards for the qualifications and training of surrogacy specialists, and requires that all surrogacy clinics have a qualified medical director and a counselor to provide support and advice to intended parents and surrogates. The bill also prohibits practices such as commercial surrogacy and the sale or purchase of gametes or embryos.

Conclusion

ART and surrogacy have the potential to provide many individuals and couples with the opportunity to start a family, but they must be regulated to ensure that they are practiced in an ethical and safe manner. The ART Bill, 2010 and the Surrogacy (Regulation) Bill, 2019 strive to provide patients with better medical care by setting standards for ART and surrogacy practices, protecting the rights of all parties involved, and promoting transparency in the field.

As ART and surrogacy continue to evolve, it is important that the legal framework for these procedures is kept up-to-date and relevant. With the increasing demand for ART and surrogacy, it is crucial that the ART Bill, 2010 and the Surrogacy (Regulation) Bill, 2019 be implemented effectively to ensure that patients receive the highest standard of care and that the practices of ART and surrogacy are regulated in the best interests of all parties involved.

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