Chandigarh
7 August 2022
DIVYA AZAD
10-14% couples suffer from infertility in India. Today IVF has reached industrial proportions and India’s ART market is at 3rd position which is growing 28% annually. Involvement of third parties creates a lot of potential for misuse and exploitation and a host of ethical and legal issues in this field. The objective of ART and Surrogacy Regulation Acts 2021 is mainly to regulate and supervise ART clinics and to provide a legal framework- to ensure certain ethical standards for ART and to prevent misuse. For freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns For regulation and supervision of research and development.
Greater Chandigarh Chapter of Indian Fertility society today organized a day long 17th ART Update at Chandigarh wherein delegates including Obstetricians and Gynecologists from the region dealing with infertility, discussed the recent ART (Assisted Reproduction Technology) and Surrogacy Regulation Acts 2021 of Govt of lndia.
A Panel Discussion was also held on this important subject for public awareness in which eminent speakers including Dr Umesh Jindal, Dr Gulpreet Bedi, Vineet Nagpal, Dr K D Nayar, Dr Kuldeep Jain, Dr LK Dhaliwal, Dr Yashbala , Sh Gaurav Aggarwal (Advocate) discussed on the various aspects of the act.
Dr K D Nayar, President Indian Fertility Society highlighted main areas in the act. He said that the Law aims to provide IVF centers a legal framework within which they can practice and provide services of assisted reproduction techniques including those of donor eggs and surrogacy. The law basically provides and ensures safety of donors and surrogates by making commissioning couples (infertile couple undergoing procedure) responsible for compensation for any complications arising out of the procedures. This is achieved by purchasing an appropriate insurance policy recognized by IRDA by the commissioning couple in favour of surrogate and donors.
He further added that the second main objective is to stop misuse of gametes (sperm and eggs) and embryos by ART centers and unscrupulous elements. Mixing of gametes or use of one couple’s gametes or donors for another couple etc is strictly prohibited and punishable.
The law provides a safe umbrella for working for scientific and ethical work but provides strict penalties for those not following rules and regulations and various provisions of the ACT.
Dr Umesh Jindal Organizing Chairperson Greater Chandigarh Chapter of Indian Fertility society &Director, Jindal IVF Chandigarh raised the main concerns because of the delay in implementation of the ACT. The States and other stakeholders like IRDA were given 6 months time to register the centers and provide specific insurance policy as per requirements of the ACT. The work in the IVF centers has come to stand still. There is a lack of clarity in a lot of issues. On third August the official Government of India Gazette notification gave an extension of 3 months to 17 states for implementation. But what about other states? Even in Chandigarh until now no Board or Appropriate Authority has been notified. We are bound by new laws. Neither can we work according to the new laws nor the old system.
