Assisted Reproductive Technologies Regulation Bill, 2010- an Analysis

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  • Topic: Surrogacy, Sperm donation, Assisted reproductive technology
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  • Published : March 13, 2013
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Assisted Reproductive Technologies Regulation Bill, 2010- An Analysis (Term paper towards partial fulfilment of the assessment in the subject of Genetic Engineering and Genomics)

Submitted By: Submitted To:
Aparna Gaur Dr. Anjana Vyas
Roll No. 674 Faculty of Science
Reetika Jain
Roll No. 704

National Law University, Jodhpur
Summer Session
(July – November 2012)

Table of Contents

1. Introduction2
2. Surrogacy-Meaning4
3. Need for the Legislation5
4. Concerns regarding Surrogacy9
5. Indian ART Bill- Unmarried and Gay Couples15
6. ICMR guidelines for surrogacy17
7. The ART Bill 201019
8. Recommendations23
9. Conclusion24

Introduction

The growth in the ART methods is recognition of the fact that infertility as a medical condition is a huge impediment in the overall wellbeing of couples and cannot be overlooked especially in a patriarchal society like India. A woman is respected as a wife only if she is mother of a child, so that her husband's masculinity and sexual potency is proved and the lineage continues. Some authors put it as follows: The parents construct the child biologically, while the child constructs the parents socially. The problem however arises when the parents are unable to construct the child through the conventional biological means. Infertility is seen as a major problem as kinship and family ties are dependent on progeny. Herein surrogacy comes as a supreme saviour. Globalization is affecting even the most private decisions people make in their lives including how to start a family. Many residents of higher income countries are beginning families later in life, as many couples commit and/or marry later and many women choose to establish themselves in careers first. Since infertility issues increase with age, these couples therefore are more likely to experience infertility issues. In addition, an increasing number of single parents and gay and lesbian couples desire to begin families. Today in higher income nations, Assisted Reproductive Technology (ART) is available which allows most couples or singles wishing to start their own family to find success with their own genetic materials or with donor sperm and/or donor egg. The price of ART in higher income nations, however, is often not fully covered (or not covered at all) by insurance; and if it is covered, waiting lists can be lengthy. As a result, ART clinics have sprung up across the globe, particularly in middle income countries, and patients often travel thousands of miles from their homes to seek success at lower costs. This article surveys academic and popular literature to examine the societal, ethical, medical, and familial implications that arise with this relatively new concept of “Travel ART.”

India is emerging as a leader in commercial surrogacy and a destination of the so called fertility tourism. No Indian law prohibits surrogacy. Surrogate arrangement in India is a reality characterized by confusion and uncertainty. The escalation of Assisted Reproductive Technologies (ARTs) in India into a veritable fertility industry is the result of a multitude of reasons. This paper places the bio-genetic industry within the larger political economy framework of globalisation and privatisation, thus employing a framework that is often omitted from discussions on ARTs, but has direct and significant bearings on the ART industry in India. As markets for human organs, tissues and reproductive body parts experience unprecedented growth, the limits of what can or should be bought and sold continue to be pushed. As such, bodies have emerged as sale-worthy economic capital. Commercial flows of reproductive material create and deploy the division of the body into parts over which ownership is claimed, in the process following 'modern routes of capital' and raising issues of structural inequality. In the...
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