India to bring in eligibility norms for surrogate motherhood; curb unethical infertility clinics
India may soon bring new regulations to curb unethical fertility clinics and eligibility criteria for surrogate mothers and sperm donors in the country.
Currently India does not have any restriction for opening assisted reproductive services clinics and such so-called infertility clinic requires no permission from the authorities.
Lack of proper regulation has resulted in proliferation of infertility clinics across the country paving way for a lot of unethical practices and quackery.
A new Bill titled Assisted Reproductive Technology (Regulation) Bill, which is currently in the finalization stage, is expected to bring in eligibility criteria and other standards for donation of gametes, reports said.
It will be the responsibility of the assisted reproductive technology clinics or infertility clinics to ensure that patients, donors of gametes and surrogate mothers are eligible to avail of assisted reproductive technology procedures under the criteria prescribed by the rules under this Act.
The Bill, which is going to be in the Parliament soon, mandates that all the patients and parties involving assisted reproductive technologies offered by the clinics have been medically tested for various diseases, such as sexually transmitted or other communicable diseases which may endanger the health of the parents, or any one of them, surrogate or child.
All the assisted reproductive technology clinics or infertility clinics must obtain consent in writing from all the parties seeking assisted reproductive technology to all possible stages of such treatment or procedures including the freezing of embryos, the the guidelines mandate.
The procedures for accreditation and supervision of infertility clinics and related organizations such as semen banks handling sperms or eggs outside of the body will be listed in the proposed Bill.
The Bill also seeks to ensure that the legitimate rights of all concerned are protected, with maximum benefit to the infertile couples/individuals within a recognized framework of ethics and good medical practice by setting out standard practices for people donating sperm or eggs (gamete donors) and surrogacy.
Once in force, the regulations are expected to provide a national framework for the accreditation, regulation and supervision of infertility clinics.
It can also effectively prevent the misuse of assisted reproductive technology which has been in practice for the last 20 years, for safe and ethical practice of assisted reproductive technology services and for matters connected or incidental.
The Indian Council for Medical Research (ICMR) has reportedly submitted the final draft of the Bill to the Union ministry for health and family welfare.
The proposed legislation recommends the constitution of a 21-member National Advisory Board, under the chairmanship of secretary, department of health research, and also state boards, to exercise the jurisdiction and powers and discharge the functions and duties conferred or imposed on the Board by or under this Act.
The health ministry may introduce the Bill in the forthcoming monsoon session of Parliament that is expected to begin in July..
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Kumar said on Monday, June 21, 2010, 4:00
ART bill 2010 is designed to fail
1)Establishment of ART banks Till now there are no such institutions it will be new one siphoning off money from the market either the fee of surrogates decreases or the treatment becomes costlier to the clients either way it is not helpful.
2)Appointment of local care taker to the surrogates This needs money which has been taken from the fee of surrogates at the same time if the foreigners fail to act according to the contract there will not be any way to enforce the regulations on them govt. can only hamper the care taker clients are safe from the hands of law.
3)surrogates matched by the ART centers there is every chance of doctors refusing to work with them or the clients rejecting them on the basis of appearance behavior etc. To select a workable surrogate clients might have to bribe the officials. Leads to large scale corruption.
4)Allowing single persons to have children Violates the basic right of the child to have mother and father. This clause can be easily misused by gays.
5)The proposed income from this activity will be around 2.3 billion $ by 2012 is the estimate. The Amount will be Around 130 billion rupees that means 130 hundred cores that means 13000 cores I don’t know weather it is surrogacy output or total ART market if it is just surrogacy treatment it is just disgusting to make that much of money there have to around 70000 surrogacy births in India per year over a period of 10 years 700000 surrogacy births enormous work for clinics lawyers and courts at the expense poor Indian women
6) If it is not so what is point in giving an industrial standard for it . Over a period of 30 years if we take the population remains same one in every 50 women will be a surrogate then there wont be any social stigma really there will be a lot of employment.