Man seeks NOC to export embryos

Man seeks NOC to export embryos

Subject: Polity

Section: Acts and Policies

Context: A married man has moved the Delhi High Court seeking to expedite the process of obtaining a no-objection certificate (NOC) for exporting embryos to a surrogate mother abroad.

Concept:

• Export of embryos from India has been allowed by the Government of India as per June 12, 2020 notification issued by the Directorate General of Foreign Trade, Ministry of Commerce and Industry.
• As per the notification, for the purpose of export of embryos from India, the necessary prerequisite is an NOC issued by the ICMR.
• However, on January 25, 2022, the Assisted Reproductive Technology (Regulation) Act, 2021 was brought into force in the country.
• Section 229 of the Assisted Reproductive Technology (Regulation) Act prohibited the transfer or use of gametes, zygotes and embryos, directly or indirectly to any party within or outside India except in the case of transfer of own gametes and embryos for personal use with the permission of NARTSB (National Assisted Reproductive Technology and Surrogacy Board).

Assisted Reproductive Technology (Regulation) Act, 2021

Key features:

• The Act seeks to regulate and supervise the Assisted Reproductive Technology (ART) clinics and the banks, prevention of misuse, safe and ethical practice of ART services for addressing the issues of reproductive health where ART 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 and for regulation and supervision of R & D and for matters connected therewith or incidental thereto.
• Every ART clinic and bank must be registered under the National Registry of Banks and Clinics of India which will act as a central database for all facilities providing ART services in India, with state governments appointing relevant authorities in their respective states to facilitate the registration process.
• The Registration must be renewed every five years and may be cancelled or suspended if an entity contravenes the provisions of the Act.
• The National Assisted Reproductive Technology and Surrogacy Board to be constituted under the National Board for the purposes of this Act.
• The Central Government may, within a period of ninety days may establish a Registry to be called the National Assisted Reproductive Technology and Surrogacy Registry.
• The Act enumerates the procedure of registration of Assisted Technology Clinics and Banks, which includes provisions for grant of registration, renewal, suspension or cancellation. The National Board, the National Registry and the State Board shall have the power to, — (i) inspect, any premises relating to assisted reproductive technology; or (ii) call for any document or material, in exercise of their powers and discharge of their functions.

Offences and Penalties

• The clinic, or bank or agent thereof, shall not/cause to issue, publish, distribute, communicate any advertisement in any manner, regarding facilities of sex selective assisted reproductive technology.
• Contravention of provisions shall be punishable with imprisonment for a term of five years, extendable to ten years or with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees or with both.
• Under the Act, any registered medical practitioner or any person shall not exploit, sell, transfer, import human embryos or gametes.