Regulating assisted births

There is now renewed focus on the procedure to regulate Assisted Reproductive Technology.

After a number of cases involving older women giving birth through Assisted Reproductive Technology ART,the latest being a 66-year-old woman in Haryana who gave birth to triplets,there is renewed focus on the procedure to regulate these technologies.

TEENA THACKER examines the Draft Bill on Assisted Reproductive Technology brought out by the Indian Council of Medical Research in 2008 to regulate procedures like artificial insemination,in-vitro fertilisation and surrogacy. The Draft Bill is set to be tabled in Parliament in the coming Monsoon Session.

What are the provisions of the draft Assisted Reproductive Technology Bill?

The guidelines stipulate the creation of a national registry,centrally maintained and accredited by the licensing authority,which will contain records of treatment cycles and outcome. While the guidelines admit that there is a general element of risk associated with all ART procedures,the consent forms also state that at present there is no ethical objection to IVF or any related procedure for research or clinical application. Information must be given to the donor about the various risk factors involved,including ovarian hyperstimulation,anaesthetic procedures and invasive procedures such as laparoscopy,the possibility of multiple pregnancies and the risks associated with them ectopic gestation,increased rate of spontaneous abortion,premature births,higher perinatal and infant mortality,and possible side-effects.

What is the legal status of a child born by ART technique,in case the parents decide to separate?

According to the draft bill,a child born to a married couple or a single person through the use of ART shall be presumed to be their legitimate child. Even if the commissioning couple separates or gets divorced after going for surrogacy but before the child is born,the child shall be considered to be their legitimate offspring.

Can the sex of the child born through ART be pre-determined?

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As per the Bill,no assisted reproductive technology clinic shall offer to provide a child of a pre-determined sex. It shall be a criminal offence and it is prohibited for anyone to do any act,at any stage,to determine the sex of the child. Also,it has been clearly said that no person shall knowingly provide,prescribe or administer anything that would ensure or increase the probability that an embryo shall be of a particular sex,or that would identify the sex of an in-vitro embryo,except to diagnose,prevent or treat a sex-linked disorder or disease.

Is there any provision for foreigners wanting to opt for surrogacy in India?

The Bill says that a foreigner or foreign couple or a Non-Resident Indian individual or couple,seeking surrogacy in India,shall appoint a local guardian who will be legally responsible for taking care of the surrogate during and after pregnancy,till the child is delivered to the foreigner or foreign couple or the local guardian.

Who would become the legal parents of the child born out of surrogacy?

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A surrogate mother shall relinquish all parental rights over the child. The birth certificate in respect of a baby born through surrogacy shall bear the names of genetic parents/ parent.

What happens in case of the child suffering from an abnormality?

As per the draft bill,the parents will be legally bound to accept the custody of the child,irrespective of any abnormality. The refusal to accept the child by the parents will constitute an offence.

What is the age restriction for a surrogate mother?

As per the Bill,no woman under 21 years of age and over 45 years of age shall be eligible to act as a surrogate mother. It will also be made mandatory that no woman act as a surrogate for more than three successful live births in her life.