Section2
The Assisted Reproductive Technology (Regulation) Act, 2021

Definitions

In force From 25 Jan 2022 Act 42 of 2021 As on 14 Oct 2026

Act 42 of 2021 Ministry Health and Family Welfare Enacted 18 Dec 2021 In force 25 Jan 2022 Cited by 1 provision Instruments 1

Section 2 of the Assisted Reproductive Technology (Regulation) Act, 2021 deals with definitions. 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 th The Act came into force on 25 Jan 2022.

(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.

Section 2, The Assisted Reproductive Technology (Regulation) Act, 2021 (Act 42 of 2021).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Jessy Joy v. Union of India

    High Court 08 Apr 2025 Persuasive (High Court) Reportable W.P.(C) 1395/2025 (Kerala HC) Judgment 08.04.2025

    Court's Decision & Legal Precedent

    Final Order/Judgment order-1.pdf 2025-04-08 DATE VERIFIED. Kerala HC (C.S. Dias J.): ART Act 2021 s.21(g) age caps are individual (woman <50 / man <55), not a composite commissioning-couple age — Parliament omitted couple-composite age unlike Adoption Regulations; eligible wife may take ART with donor gamete if husband consents in Form 8 even if husband >55. Interprets ss.2(1)(e)/(u). Map ART 21, 2.

    On this section: ART Act s.2(1)(e)/(u): commissioning couple vs woman definitions support individual age reading of s.21(g) — no composite couple age (Jessy Joy).

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 2

What have the courts held on Section 2 of the Assisted Reproductive Technology (Regulation) Act?

Jessy Joy v. Union of India (08 Apr 2025) is the leading judgment on this section among those set out below: ART Act s.2(1)(e)/(u): commissioning couple vs woman definitions support individual age reading of s.21(g) — no composite couple age (Jessy Joy).

How do I find court cases under Section 2 of the Assisted Reproductive Technology (Regulation) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assisted Reproductive Technology (Regulation) Act 2, section 2 Assisted Reproductive Technology (Regulation) Act, section 2 of the Assisted Reproductive Technology (Regulation) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jessy Joy v. Union of India (08 Apr 2025).

What should I read with Section 2 of the Assisted Reproductive Technology (Regulation) Act, and has it changed?

Its own text turns on section 9 (Establishment of National Registry of clinics and banks), section 12 (Appointment of appropriate authority), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently ART Rules 2022 (2022).

When did Section 2 of the Assisted Reproductive Technology (Regulation) Act come into force?

Section 2 of the Assisted Reproductive Technology (Regulation) Act, cited as Assisted Reproductive Technology (Regulation) Act 2, came into force on 25 Jan 2022, having been enacted on 18 Dec 2021. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.