The Assisted Reproductive Technology (Regulation) Act, 2021

Legislative History: The Assisted Reproductive Technology (Regulation) Act, 2021 Sources: India Code (indiacode.nic.in), Ministry of Health and Family Welfare Official Records Short Title - The Assisted Reproductive Technology (Regulation) Act, 2021 Act Number / Year - Act No. 42 of 2021 Act ID (India Code) - 202142 Presidential Assent / Enactment Date - December 18, 2021 Official Gazette Publication - December 2021 Enforcement Date - January 25, 2022 Nodal Ministry - Ministry of Health and Family Welfare Nodal Department - Department of Health Research Precedent & Statutory Rationale 1. Regulation of the Booming ART Sector: o Prior to 2021, India's rapidly growing assisted reproductive technology (ART) sector operated largely without comprehensive statutory oversight, leading to concerns regarding commercialization, lack of standard medical protocols, exploitation of donors and surrogates, and ethical issues surrounding gamete and embryo storage. o The legislation was introduced to bridge this regulatory vacuum, ensuring safe, ethical, and accountable practices across ART clinics and banks nationwide. 2. Establishment of Oversight and Quality Standards: o The Act provides for the strict regulation and supervision of ART clinics and banks, mandates proper screening and testing of donors for diseases, and lays down standardized guidelines for the storage and handling of gametes and embryos. o It establishes the National Assisted Reproductive Technology and Surrogacy Board along with State Boards to enforce compliance, register clinics, and penalize unethical practices or commercial exploitation. Parliamentary Trajectory & Enactment • Formulation: Drafted and piloted by the Ministry of Health and Family Welfare (Department of Health Research) to institute a robust legal framework protecting the rights and health of parents, children, and donors involved in assisted reproduction. • Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament, receiving Presidential Assent on December 18, 2021. • Enforcement: Enforced on January 25, 2022.