The Assisted Reproductive Technology (Regulation) Act, 2021

(1) This Act may be called the AssistedReproductive Technology (Regulation) Act, 2021. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

(1) In this Act, unless the context otherwise requires, -- (a) “assisted reproductive technology” with its grammatical variations and cognate expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the oocyte outside the human body and transferring the gamete or the embryo into the reproductive system of a woman; (b) “assisted reproductive technology bank” means an organisation which shall be responsible for collection of gametes, storage of gametes and embryos and supply of gametes to the assisted reproductive technology clinics or their patients; (c) “assisted reproductive technology clinic” means any premises equipped with requisite facilities and medical practitioners registered with the National Medical Commission for carrying out the procedures related to the assisted reproductive technology; (d) “child” means any individual born through the use of the assisted reproductive technology; (e) “commissioning couple” means an infertile married couple who approach an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the services authorised of the said clinic or bank; (f) “embryo” means a developing or developed organism after fertilisation till the end of fifty-six days from the day of fertilisation; (g) “gamete” means sperm and oocyte; (h) “gamete donor” means a person who provides sperm or oocyte with the objective of enabling an infertile couple or woman to have a child; (i) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994); (j) “infertility” means the inability to conceive after one year of unprotected coitus or other proven medical condition preventing a couple from conception; (k) “National Board” means the National Assisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 17 of the Surrogacy Act; (l) “National Registry” means the National Assisted Reproductive Technology and Surrogacy Registry established under section 9; (m) “notification” means a notification published in the Official Gazette; (n) “patients” means an individual or couple who comes to any registered assisted reproductive technology clinic for management of infertility; (o) “prescribed” means prescribed by rules made under this Act; (p) “appropriate authority” means the authority appointed under section 12; (q) “regulations” means the regulations made by the National Board under this Act; (r) “sperm” means the mature male gamete; (s) “State Board” means a State Assisted Reproductive Technology and Surrogacy Board to be constituted under section 26 of the Surrogacy Act; (t) “Surrogacy Act” means the Surrogacy (Regulation) Act, 2021; and (u) “woman” means any woman above the age of twenty-one years who approaches an assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the authorised services of the clinic or bank. (2) The expressions “clinics” and “banks” occurring in this Act shall be construed as “assisted reproductive technology clinics” and “assisted reproductive technology banks”. (3) Words and expressions used herein and not defined in this Act but defined in the Surrogacy (Regulation) Act shall have the meanings respectively assigned to them in that Act.

The NationalAssisted Reproductive Technology and Surrogacy Board to be constituted under sub-section (1) of section 17 of the Surrogacy Act shall be the National Board for thepurposes of this Act.

Subject tothe provisions of this Act and the rules made thereunder, the provisions of the Surrogacy Act relatingto (i) constitution of the National Assisted Reproductive Technology and Surrogacy Board; (ii) term of office of Members of the National Board; (iii) meetings of the National Board; (iv) vacancies, etc., not to invalidate proceedings of the National Board; (v) disqualifications for appointment as Member of the National Board; (vi) temporary association of persons with the National Board for particular purposes; (vii) authentication of orders and other instruments of the National Board; and (viii) eligibility of Members of the National Board for re-appointment, shall, mutatis mutandis, apply, so far as may be, in relation to assisted reproductive technology asthey apply in relation to surrogacy, as if they are enacted under this Act.

The National Board shall exercise and dischargethe following powers and functions, namely: (a) to advise the Central Government on policy matters relating to the assisted reproductivetechnology; (b) to review and monitor the implementation of the Act, rules and regulations madethereunder and recommend to the Central Government, any suitable changes therein; (c) to lay down code of conduct to be observed by persons working at clinics and banks, to setthe minimum standards of physical infrastructure, laboratory and diagnostic equipment and expertmanpower to be employed by clinics and banks; (d) to oversee the performance of various bodies constituted under this Act and takeappropriate steps to ensure their effective performance; (e) to supervise the functioning of the National Registry and liaison with the State Boards; (f) to pass orders as per the provisions made under this Act; and (g) such other powers and functions as may be prescribed.