AMN / NEW DELHI
Parliament has passed the Assisted Reproductive Technology ( Regulation) Bill, 2021 with the Rajya Sabha approving it today. The Bill has already been passed by the Lok Sabha. The Upper House also passed the Surrogacy (Regulation) Bill, 2020 with amendments moved by the government. The Assisted Reproductive Technology ( Regulation) Bill, 2021 provides for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks. The Bill provides that every ART clinic and bank must be registered under the National Registry of Banks and Clinics of India.
The National Registry will be established under the Bill and will act as a central database with details of all ART clinics and banks in the country. The Legislation also envisages prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technology is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns. A child born through ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple. A donor will not have any parental rights over the child.
The Surrogacy ( Regulation) Bill, 2020 aims at constituting National Surrogacy Board, State Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy. The government has also incorporated the recommendations of the Select Committee of Rajya Sabha in the bill.
Reply to a debate on these two bills which were taken up together, Union Health Minister Dr. Mansukh Mandaviya said that the bills have been brought with the objective of prevention of commercialization of Assisted Reproductive Technology -ART Clinics and surrogacy and unethical practices. He informed the House that there is also a provision for punishment for violation of the rules in ART Bill. The punishment includes a fine between five and ten lakh rupees for the first contravention and for subsequent contraventions, the person who commits offences will be punishable with imprisonment for a term between eight and 12 years, and a fine between 10 and 20 lakh rupees. Dr. Mandaviya said, the Surrogacy ( Regulation) Bill, 2020 also specifies a range of offences and penalties for contraventions of the provisions of the Bill which include imprisonment up to 10 years and a fine upto 10 lakh rupees.
Participating in the discussion on these two bills, KC Ramamurthy of BJP supported the bill saying that he is thankful to the Narendra Modi government for understanding and safeguarding the rights of surrogate mothers and regulating the mushrooming ART clinics in the country. Ayodhya Ramy Reddy of YSRCP also supported the bills saying that by regulating the practices of surrogacy in the country, the bill will put an end on explotive practices and protect the interest of women. He said, the Union Cabinet has incorporated the recommendations of the Select Committee like allowing the widow and divorcee to opt for surrogacy, banning commercial surrogacy and extensive insurance cover upto 36 months.
M Thambidurai of AIADMK also spoke in the favour of bills adding that it provides for registration of all ART clinics and Banks which is a good idea. He said, the legislation will improve the quality of assisted reproductive technology services as well as reduce the cost of assisted reproduction treatment. Kanta Kardam of BJP thanked the government for bringing a very effective bill and said that it will prevent commercialization of ART clinics and surrogacy. Members from other political parties also participated in the discussion.