New Delhi: Slain singer Sidhu Moose Wala’s father Balkaur Singh announced a few days back the birth of a son in the family through the in vitro fertilisation (IVF) method.
Singh also mentioned that his wife Charan Singh (58) is still undergoing treatment after the IVF procedure was conducted on her.
However, soon after, the government authorities stepped in and asked for documents. According to highly-placed officials in the government, Moose Wala’s parents may have flouted the legal norms to have a child through IVF.
Here’s a look at what the law prescribes.
What is the Assisted Reproductive Technology (ART)
According to PRS Legislative Research, a not for profit organisation for independent research, Assisted reproductive technologies (ART) refer to techniques that seek to obtain a pregnancy by handling a gamete (sperm or egg) outside the human body and transferring the gamete or fertilised embryo into the woman’s uterus.
These arrangements include in-vitro fertilisation (fertilising an egg in the lab), gamete donation, and surrogacy.
Assisted Reproductive Technology (Regulation) Act
The law allows married infertile couples and women up to a certain age to commission ART procedures.
It also specifies age ranges for gamete donors. Egg donors must be married with a child who is at least three years old. Commissioning parties must insure egg donors against risks.
Eligibility criteria for couples who wish to go for IVF
According to an article on PRS Legislative Research, the eligibility criteria for commissioning parties says they can be commissioned by married couples or women where the woman is above the legal age of marriage and up to 50 years, and the man is above the legal age of marriage and up to 55 years.
Married couples must also be infertile, i.e. unable to conceive after one year of unprotected coitus or suffer from any other proven medical condition which prevents conception.
Eligibility criteria for donors
A bank can obtain semen from males between 21 and 55 years of age, and eggs from females between 23 and 35 years of age.
An egg donor should be an ever-married woman having at least one alive child of her own (minimum three years of age). The woman can donate eggs only once in her life and not more than seven eggs can be retrieved from her.
A bank cannot supply gamete of a single donor to more than one commissioning party (i.e. couples or single women seeking services), says the article on PRS Legislative Research.
Conditions for offering services
The ART procedures may only be carried out with the written consent of the commissioning parties and the donor.
The commissioning party will be required to provide insurance coverage in favour of the egg donor (for any loss, damage, or death).
Clinics are required to check for genetic diseases before implantation and are prohibited from providing any sex-selective services (e.g. sex determination).
Rights of a child born through ART
A child born through ART will be deemed to be a biological child of the commissioning couple and will be entitled to the rights and privileges available to a natural child of the commissioning couple. A donor will not have any parental rights over the child.
Duties of ART or IVF clinics and banks
ART clinics and bank must share information related to enrolment of the commissioning parties and donors, procedures being undertaken, and outcome of the procedure, with the National Registry.
Further, the PRS Legislative they must maintain records of all donations for at least 10 years, after which the records must be transferred to the National Registry.
While using human gametes and embryos, the ART clinics and banks must harvest eggs in the manner specified by regulations and place such number of eggs or embryos in the uterus of the woman as may be specified by regulations.
Offences and penalties
According to the PRS Legislative Research, offences under the Bill include: abandoning, or exploiting children born through ART, selling, purchasing, trading, or importing human embryos or gametes, and exploiting the commissioning couple, woman, or the gamete donor in any form.
These offences will be punishable with a fine between five and ten lakh rupees for the first contravention. For subsequent contraventions, these offences will be punishable with imprisonment between eight and twelve years and a fine between 10 and 20 lakh rupees.
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