THE ASSISTED REPRODUCTIVE TECHNOLOGY (REGULATION) ACT, 2021
BALANCING REPRODUCTIVE AUTONOMY AND STATE REGULATION
Keywords:
Assisted Reproductive Technology (ART) Act, 2021, Reproductive Autonomy, Surrogacy and ART Regulation, Privacy Rights, Bioethics, Fertility Clinics Regulation, Informed Consent, Reproductive Rights.Abstract
With the rapid growth of science and technology, the field of assisted reproduction techniques has seen a quantum leap not only in the scientific aspect but also as a business model with rapidly mushrooming growth of ART clinics all over India and nearly complete regulatory vacuum. It thus created a situation where everyone was at risk of being exploited from the donor to the receiver and even the child born with the help of ART. This necessitated the creation of a law to regulate these ART clinics and safeguard the rights of all the parties involved . This situation led the parliament to pass the Assisted Reproductive Technology (Regulation) Act, 2021. The Act brings in the much-needed Standardisation, regularisation, and legal protection for the parties involved. But it also raises questions on the aspects on individual autonomy, privacy and the definition of family. The article discusses the provisions of the Act and the pertinent questions related to it.