Another bill on IVF, sperm banks in making

After surrogacy, a new bill to regulate Assisted Reproductive Technology (ART) is in the making now. Union health minister J.P. Nadda on Friday said that a comprehensive bill to deal with IVF, sperm banking and other forms of reproductive technologies is next on the government’s agenda.

“Now that we have crossed the first stage, the later part which deals with IVF, sperm and ovum bank, artificial insemination etc. will be taken up. We will have a comprehensive bill to deal with the Assisted Reproductive Technologies (ART),” Mr Nadda said.

Significantly, the new surrogacy (regulation) bill that has recently been approved by the Union Cabinet was originally drafted in 2008 as Assisted Reproductive Technology (ART) bill. It was later revised in 2010 but it could never see the light of day due to the concerns raised by various agencies from time to time. Earlier, the erstwhile Planning Commission had raised apprehensions over the proposed bill and had even asked the health ministry to consult them before the final draft was to be sent to the law ministry for vetting.

The concerns flagged earlier by various NGOs, ministries on the unregulated industry, unethical practices, lack of protection mechanism for surrogate women’s health and rights, sex selection, issues related to citizenship, lack of employment opportunities, and other health and rights issues of children born through surrogacy were incorporated. But somehow the bill was met with criticism and failed.

It was then that this government decided to introduce surrogacy bill this year. Mr Nadda said, “The issue of unregulated surrogacy was echoing in all quarters. The government had given assurances in Parliament, there was a Law Commission report that suggested the government should intervene and regulate commercial surrogacy after which it was decided to come up with a bill on surrogacy first and regulate the menace.” The consultations started soon, with 18 ministries responding and sending their suggestions, 22 states putting forward their concerns and 40 other stakeholders giving their point of view. The national commission for women organised consultations in which people running surrogacy clinics also participated. While Mr Nadda said that the aim was to stop commercialisation, exploitation of surrogate mother and abandonment of children born out of surrogacy, he said that the ministry is open to suggestions.

“The bill is an attempt to stop commercial surrogacy, which will now go to the Parliamentary Standing Committee. Interactions will take place and suggestions will come to the government. We will take note of them and incorporate suggestions, if needed. Then it will go to Parliament,” the minister added.