Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 8

Critical Review of Assisted Reproductive Technology Act, 2021

Dr. Kavita Lama
Assistant Professor of Law, Department of Law, University of Calcutta

Abstract

Assisted Reproductive Technology (ART) refers to medical procedures or techniques that help individuals or couples in achieving pregnancy when traditional methods are unsuccessful. ART involves various fertility treatments, including IVF, ICSI, GIFT, ZIFT, FET, Surrogacy, etc. It is pertinent to note that the specific regulations and legal frameworks governing ART can vary significantly between countries. Many jurisdictions have laws in place to regulate various aspects of ART, including the rights and responsibilities of all parties involved, the use of donor gametes, the number of embryos transferred, and the ethical considerations surrounding these procedures.

In India, the Parliament passed the Assisted Reproductive Technology (Regulation) Act, 2021, on December 8, 2021. The Act received the President’s assent on December 18, 2021. This Act aims to regulate and supervise ART clinics and assisted reproductive technology banks, prevent misuse, and ensure the safe and ethical practice of ART services. The Act is certainly a step in the right direction, with many benefits; however, it falls short of addressing some serious concerns, such as curbing the menace of illegal and unregulated ART clinics. The Act excludes unmarried men, divorced men, widowed men, same-sex couples, and unmarried cohabiting heterosexual couples from availing ART services. Single women may access ART, but single men are not permitted to do so, reflecting a gender-based imbalance in the law. Therefore, the legislation should be closely monitored over time to assess its impact, strengths, and shortcomings.

Keywords

ART, Surrogacy, Reproduction, Constitution, Women

1. Understanding Assisted Reproductive Technology

Assisted Reproductive Technology (ART) refers to medical procedures or techniques that assist/guide individuals or couples in achieving pregnancy when traditional methods are unsuccessful. ART involves various fertility treatments, including IVF, ICSI, GIFT, ZIFT, FET, Surrogacy, etc. This can help individuals and couples overcome infertility and have a biological child. The process can be understood using the flowchart as shown in Fig 1.