This working paper discusses the context of the Assisted Reproductive Technology (Regulation) Bill India 2020 and the strengths and weaknesses of the same. It also outlines earlier efforts of the Indian Council for Medical Research (ICMR) in attempting to regulate the growing sector of Assisted Reproductive Technology. This paper seeks to ensure that during the discussions of the draft bill the policy makers have the necessary evidence and can take into consideration the challenges of implementation while finalizing the Bill and drafting the rules for the Assisted Reproductive Technology Act once it is passed in Parliament. We have comprehensively reviewed the secondary literature regarding assisted reproductive technology & investigated similar legislation in other countries.
We find that though the current draft bill ART 2020 is well drafted and tries to address the key issues, there are certain areas where further clarity is required, such as in the grievance redressal process, inclusion of certain clauses to strengthen the bill regarding health risks and provision of safeguards to the donors. We also suggest reconsidering the age-limit of the commissioning couples, composition of the registration authority and ensure the timing of introduction of this ART Act is in line with notification of the Surrogacy Act, 2020.