Meghalaya Woman Challenges ART Act’s Age Restriction

Meghalaya Woman Challenges ART Act’s Age Restriction

Sub :Sci

Sec: Health

Why in News

• A woman from Meghalaya has challenged the Assisted Reproductive Technology (Regulation) Act, 2021, which restricts women over the age of 50 from undergoing assisted reproduction. The Meghalaya High Court criticized an Assam-based fertility clinic for failing to cooperate with its directive to form a medical board to assess the petitioner’s eligibility for the procedure.

Assisted Reproductive Technology (Regulation) Act, 2021:

• The Assisted Reproductive Technology (Regulation) Act, 2021, was enacted to regulate and supervise ART clinics and banks in India, ensuring the ethical and safe practice of ART services.
• ART encompasses all techniques that aim to achieve pregnancy by handling sperm or oocytes outside the human body and transferring the gamete or embryo into a woman’s reproductive system.
• This includes procedures like in-vitro fertilization (IVF), gamete donation (sperm or egg), and gestational surrogacy.
• The Act constitutes the National Assisted Reproductive Technology and Surrogacy Board to advise the central government on ART-related policy matters, review and monitor the implementation of the Act, and lay down a code of conduct for ART clinics and banks.
• State Assisted Reproductive Technology and Surrogacy Boards are established to coordinate the enforcement of policies and guidelines for ART at the state level.
• All ART clinics and banks must be registered under the National Assisted Reproductive Technology and Surrogacy Registry.
• The National Registry acts as a central database with details of all ART clinics and banks in the country.
• Registration is granted only if clinics and banks adhere to specified standards, including specialized manpower, physical infrastructure, and diagnostic facilities.
• The registration is valid for five years and can be renewed for subsequent five-year terms.
• Eligibility Criteria for Commissioning Parties:
  • Married Couples: The couple must be infertile, defined as the inability to conceive after one year of unprotected coitus or having a proven medical condition preventing conception.
  • The woman should be between 21 and 50 years of age.
  • The man should be between 21 and 55 years of age.
  • Unmarried Women: Women above 21 years of age can avail ART services.
• Eligibility Criteria for Donors:
  • Female Donors: Must be between 23 and 35 years of age. Can donate oocytes only once in their lifetime.
  • Male Donors: Must be between 21 and 45 years of age. Can donate sperm up to a maximum of seven times.
• Rights of Children Born Through ART:
  • Children born through ART procedures are deemed to be the biological children of the commissioning couple or woman.
  • They are entitled to all rights and privileges available to natural children under the law.
• The Act prohibits:
  • Sex selection.
  • Sale of human embryos or gametes.
  • Use of intermediaries to obtain donors.
• Violations can lead to penalties, including fines and imprisonment, depending on the severity of the offense.