Assisted Reproductive Technologies Regulation Bill, 2010- an Analysis
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. Introduction 2 2. Surrogacy-Meaning 4 3. Need for the Legislation 5 4. Concerns regarding Surrogacy 9 5. Indian ART Bill- Unmarried and Gay Couples 15 6. ICMR guidelines for surrogacy 17 7. The ART Bill 2010 19 8. Recommendations 23 9. Conclusion 24
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
(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. Introduction 2 2. Surrogacy-Meaning 4 3. Need for the Legislation 5 4. Concerns regarding Surrogacy 9 5. Indian ART Bill- Unmarried and Gay Couples 15 6. ICMR guidelines for surrogacy 17 7. The ART Bill 2010 19 8. Recommendations 23 9. Conclusion 24
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
Bibliography: 1. JaneMaree Maher, The Global Politics of Motherhood: Transformation and Fragmentation, Taylor & Francis, 2009 2 [ 4 ]. Reddy S, Qadeer I. Medical Tourism in India: Progress and Predicament? Economic and Political Weekly. 2010;45(20):69–75. [ 7 ]. (2003) 8 SCC 369 [ 8 ] [ 9 ]. 42 Cal.App.4Th 718 (1996) [ 10 ]