The Assisted Reproductive Technology (Regulation) Act, 2021

Act No. 42

18-Dec-2021

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement. - (1) This Act may be called the Assisted Reproductive Technology (Regulation) Act, 2021.

(2)It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

Section 2 — Definitions

2. Definitions . - (1) In this Act, unless the context otherwise requires, -

(a)“assisted reproductive technology ” with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system o f a woman;

(b)“assisted reproductive technology bank ” means an organisation which shall be responsible for collection of gametes, storage of gametes and embryos and supply of gametes to the assisted reproductive technology clinics or their patients;

(c)“assisted reproductive technology clinic ” means any premises equipped with requisite facilities and medical practitioners registered with the National Medical Commission for carrying out the procedures related to the assisted reproductive technology;

(d)“child ” means any individual born through the use of the assisted reproductive technology;

(e)“commissioning couple ” means an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obta ining the services authorised of the said clinic or bank;

Section 1 — 25th January, 2022, vide notification No. S.O. 291(E), dated 2 0th January, 20 22, see Gazette of India, Extraordinary, Part II,

1. 25th January, 2022, vide notification No. S.O. 291(E), dated 2 0th January, 20 22, see Gazette of India, Extraordinary, Part II,

Section 3 — ( ii).

sec. 3( ii). 5

(f)“embryo ” means a developing or developed organism after fertilisation till the end of fifty-six days from the day of fertilisation;

(g)“gamete ” means sperm and oocyte;

(h)“gamete donor ” means a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child;

(i)“gynaecologist ” shall have the same meaning as assigned to it in the Pre -conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994 );

(j)“infertility” means the inability to conceive after one year of unprotected coitus or other proven medical condition preventing a couple from conception;

(k)“National Board ” means the National Assisted Reproducti ve Technology and Surrogacy Board to be constituted under sub -section ( 1) of section 1 7 of the Surrogacy Act;