ART means reproduction with the help of artificial technology. Couples who generally face difficulties in having a child, take the help of ART.
ART techniques include IVF, intracytoplasmic sperm injection, i.e., fertilization by injecting sperm into the egg, preparing embryos in the laboratory from sperm and ovum (egg), and implanting or inserting into the woman's body.
After the Lok Sabha, the Assistant Reproductive Technology (Regulation) Bill 2021 has also been passed in the Rajya Sabha on Wednesday. Talking on the Union Health and Welfare, Minister Dr. Mansukh Mandaviya, said that this bill was brought in the Lok Sabha on September 14, 2020, after which this bill was sent to the Standing Committee. The Indian government says that the purpose of bringing this bill is to protect the reproductive rights of women.
According to the government, there has also been an increase in the number of ART centers in India. Let us tell you that the debate on this bill went on for three hours in the Lok Sabha and then it was passed by voice vote.
Before knowing anything further about ART, let us know what is the difference between ART and surrogacy. The Surrogacy Bill was passed in Lok Sabha on 5th August 2019.
Under surrogacy, any couple who is childless or unable to produce a child can take the help of another woman, such a mother is called a surrogate mother. According to this surrogacy bill, only married couples can take advantage of this bill. This is an extension of ART itself.
If we talk about the ART bill, then childless couples can also become parents in this, but here a third person donates eggs or sperm. After this, the commissioning couple or the willing couple can have a child. But here the uterus of the same woman is used who is the intending parents. But the benefit of this bill can be availed by both single parents and couples.
According to the government, there has been an increase in the number of ART centers in India and Union Minister Mandaviya said that there are many aspects to this bill and it was necessary to bring it. Union Minister Mandaviya said that it is necessary to bring this bill because many such clinics are running in the country which needs to be brought under the rules because many times women are given more injections for ovarian stimulation i.e., to make more eggs, which badly affects the health of women, as well as the process of egg retrieval, IVF and intrauterine or intrauterine, insemination or semen insemination. There is an embryo transfer and embryo-keeping banking system, so it is necessary to bring regulation in this bill.
He also said that there were reports of mixing of sex selection and gametes, as well as those who want a fair child should not misuse this process, so this bill was also necessary.
At the same time, he said that many times there were complaints that women's eggs were also being used commercially, with the help of which money was being earned, as well as giving an example he said that a 75-year-old woman had given birth to a child which is wrong as well as this process may not be converted into an industry and it should not be made a business, that is why it was necessary to pass this bill.
Regarding this bill, Dr. SN Basu says that this technique has been misused a lot, many medical clinics are doing this without any rule and regulation. After the bill is passed, it will have an ethical practice and it will be followed according to the guidelines which will be beneficial for both the society and the child.
With all this, now the country and the world are moving towards a new trend which is called single parenting. In this, people do not get married but like to be parents, this trend is moving ahead in our country as well as abroad and people are adopting it.
People who wish to become parents without getting married can take advantage of this bill. Let us tell you that 4.5 percent of the households in India are run by single mothers. Not only this, but many celebrities are also taking forward the trend of single parenting like Karan Johar, Tusshar Kapoor, Ekta Kapoor, etc.
For taking the service of ART bill, there is a limit for women and men, under which the legal age of the women will be 18 and the legal age of men will be 21, and both of them should be less than 55 years of age, only then they will be eligible for this bill and can take advantages of it.
In this bill, the age of the donor has also been limited, in which the age of the male donor should be between 21 to 55, while the age of the female donor should be between 23 to 35.
A female donor should be married and should also have a child who is up to 3 years old, only then she can become a donor.
The donor can donate only once and not more than seven eggs can be taken from the donor.
A donor will have no rights over the child and the process will not be completed without the written consent of all parties to the ART.
There is a provision for embryo screening for pre-existing genetic diseases in this bill. Also, the test can be done before embryo implantation.
According to the ART Bill, kidnapping, exploiting, buying, trading, or importing human embryos, transforming human embryos into male or animal will come under the category of crime.
If any of these offenses occur, then the person committing the offense under the Rules and Regulations will be liable to pay a fine between Rs 5 to 10 lakh, imprisonment for 8 to 12 years.
This bill is also in the discussion because it is believed that nothing has been thought of for LGBTQ and the gay community in this bill. While passing the bill, many MPs have raised questions that this bill is discriminating against single men and LGBTQ couples who want to become parents.
It was said that this bill is not giving justice to the LGBTQ community and single men. Along with this, it was also said that the people of every community should be benefited from this bill.
On this, Health Minister Mansukh Mandaviya said, "Many members said that the LQBTQ community has been excluded in this bill. This topic is also related to social, children's development, and motherhood. Our law also prohibits male adoption. A single woman can take advantage of ART and become a parent”.
On this, lawyer Radhika Thapar says that whenever the government brings such a bill, their attention goes to some wrongdoing or exploitation which is wrong, the bill should be passed in such a way that it is the same for everyone, even if it is women, men or any other community.
At the same time, Radhika said that "This bill is focused on infertility but its limit should be increased because today the trend of late marriage and having late children has increased a lot." It is not right to set a limit on this.
Also, if a woman wants a child later, then she should have the facility to freeze the egg or if someone is suffering from any disease like cancer then they should be given a provision to preserve their egg or sperm.
Radhika further said that science has progressed so much, then why single men should stay away from the right of becoming a parent.
A single male can also take advantage of ART by giving his sperm. In this bill, only the commissioning couple can take the facility of ART, but its scope should be increased and marriages of the LQBTQ community should be recognized and given civil status. The right to be a guardian should not be taken away from anyone.
Along with this, Radhika also asked that if more than seven eggs are taken out then what will be the punishment?
