Ethical and Legal Aspects of Assisted Reproductive Technology in India

Surrogacy, by ART, should only be considered for infertile women for whom it would be physically or medically impossible/undesirable to carry a baby. The surrogate must sign an agreement with the commissioning couple that is legally binding on both parties. Before signing the agreement, the written consent of their spouse is required. A woman who wishes to act as a surrogate mother or who accepts will be medically screened for diseases such as sexually transmitted or other diseases, if necessary, and any other communicable diseases that may endanger the health of the child or children, and must declare in writing that she has not received a blood transfusion or blood product in the last six months. The sponsoring parents shall ensure that the surrogate mother and the child or children she gives birth to are properly insured until the child is handed over to the commissioning parents or another person in accordance with the agreement and until the surrogate mother is free from any health complications resulting from surrogacy. The surrogate must register as a patient in her own name at the hospital after signing the corresponding agreement. When registering, the surrogate must indicate that she is a surrogate mother and must provide all necessary information about the sponsoring parents. The surrogate mother should not use or register on behalf of the ordering couple for whom she is acting as surrogate, as this would pose legal problems, especially in the undesirable case of the mother`s death17. Ethical guidelines should go beyond technical details and put in place effective safeguards to minimise the unequal balance of power between providers and users of new technologies. It is important to imagine future trends and create an ethical framework for biomedical research, especially in the new frontier of human reproduction that could change the face of humanity. The Assisted Reproductive Technologies (Ordinance) Bill proposes to establish a National Council, State Agencies and a National Assisted Reproductive Technology (MAP) Registry in India for the accreditation and supervision of antiretroviral treatment clinics and ART banks to ensure that the services they provide are ethically justifiable and that medical rights, social and legal of all stakeholders, including Surrogate, with maximum benefit for all stakeholders within a recognized ethical and ethical framework. Good medical practice.

Professor Anand Kumar holds a Master`s degree in Embryology from the University of Mysore, India, and a PhD in Reproductive Endocrinology from the University of Rajasthan. He has been a member of a number of expert committees of WHO, NIH, Indian Council of Medical Research, Department of Science and Technology, and Department of Biotechnology. With over 300 publications in peer-reviewed journals, he has edited several journals, most recently Reproductive BioMedicine Online. He currently serves as President of the Hope Infertility Clinic and Research Foundation. His current interests are developmental genetics and molecular medicine, including human embryonic stem cells. As infertility increases thanks to erratic lifestyles and late marriages, more and more couples are opting for ART or adopted babies. The safe success rate for ART is 40%. ART is now a 30 billion industry in India with over 3000 clinics across the country. Infertility is the most common medical problem in the 30-40 age group of couples in India. It is heartwarming to know that the government has prepared everything to legislate in this direction.

This will be the hallmark to solve the ethical and legal issues surrounding IVF and pave the way for IVF to thrive to the brim in India. Over the years, in vitro fertilization (IVF) has proven to be a boon for those who have been deprived of offspring. This artificial parenting technique has put a smile on the faces of millions of faces. Since they do not get pregnant naturally, people resort to this technique. In addition, a successful pregnancy and the birth of a healthy baby are, of course, the biggest benefits of an IVF procedure! But several legal and ethical aspects prevent a smooth implementation in most cases. Then, in 2008, the Indian Council of Medical Research (ICMR) drafted the Assisted Reproductive Technologies (Prescription) Bill and sent it to the Ministry of Health and Family Welfare, which has now been revised by the Ministry of Law and Justice as the Assisted Reproductive Technology (Regulation) Bill, 2013. The Assisted Human Reproduction Technologies Act, 2014 (Ordinance) is currently before Cabinet for review. The Antiretroviral Art Regulation Bill proposes to establish a National Council, State Councils and a National Antiretroviral Drug Registry in India for the accreditation and supervision of antiretroviral treatment clinics and antiretroviral treatment banks to ensure that the services they provide are ethical and that medical rights, Social and legal aspects of all stakeholders are protected with maximum benefit to all stakeholders within a recognized framework of ethics and good medical practice.

People in India have different ethnic and socio-cultural backgrounds. The religious practices of these people are spread out on a large screen in which almost all the major religions of the world are represented. Hindus constitute the majority of India`s population. This diversity of populations makes it difficult to identify a single common Indian perspective on the moral and philosophical aspects of assisted reproduction. However, India has national guidelines that cover most ethical and legal aspects of assisted reproduction. This article highlights some of these aspects from the Indian perspective. Increasing stress and a change in lifestyle have made pregnancy and childbirth a very complicated and difficult task. Happy are the couples who have been able to conceive and give birth to perfectly healthy babies in a natural way. However, we have those unhappy couples struggling to achieve their little miracle of life, and for them, medical advances have served as a blessing and have come to their rescue by giving birth to a healthy baby, free of pre-existing genetic conditions or medical complications. At each stage of reproductive technologies, the legal question arises not only for parents who opt for medical progress, or for doctors and hospitals that help parents, but also for laboratories that perform the tests and even for surrogate mothers or donors who decide to help the suffering couple. The diagnosis of preimplantation genetic and prenatal effects raises legal, social and ethical questions. These issues may include the right of access to assisted reproductive technology, supervision and rules or guidelines governing genetic testing laboratories and the procedures they perform, the right to terminate a pregnancy because of a fetal abnormality or other medical, emotional or social reasons, considerations of disability and discrimination against the fetus; and other questions that arise from now on.