Act Number: 42

Act Name: The Assisted Reproductive Technology (Regulation) Act, 2021

Year: 2021

Enactment Date: 2021-12-18

Long Title: An Act for the regulation and supervision of the assisted reproductive technology clinics and the assisted reproductive technology banks, prevention of misuse, safe and ethical practice of assisted reproductive technology services for addressing the issues of reproductive health where assisted reproductive technlogy is required for becoming a parent or for freezing gametes, embryos, embryonic tissues for further use due to infertility, disease or social or medical concerns and for regulation and supervision of research and development and for matters connected therewith or incidental thereto.

Ministry: Ministry of Health and Family Welfare

Department: Department of Health Research

Section 23: Duties of assisted reproductive technology clinics and banks to keep accurate records.
    The duties of clinics and banks while keeping the records relating to such clinics and banks are as under:--
        (a) all clinics and banks shall maintain detailed records of all donor’s oocytes, sperm or embryos used or unused, the manner and technique of their use in such manner as may be prescribed;
        (b) all clinics and banks shall, as and when the National Registry is established, submit by online, --
        (i) all information available with them in regard to progress of the commissioning couple or woman; and
        (ii) information about number of donors (sperm and oocyte), screened, maintained and supplied and the like to the National Registry within a period of one month from the date of receipt of such information;
        (c) the records maintained under clause (a) shall be maintained for at least a period of ten years, upon the expiry of which the clinic and bank shall transfer the records to a central database of the National Registry:
        Provided that if any criminal or other proceedings are instituted against any clinics or banks, the records and all other documents of such clinics and banks shall be preserved till the final disposal of such proceedings;
        (d) in the event of the closure of any clinic or bank before the expiry of the period of ten years under clause (c), such clinic or bank shall immediately transfer the records to the central database of the National Registry; and
        (e) all such records shall, at all reasonable times, be made available for inspection to the National Board or the National Registry or the State Board or to any other person authorised by the National Board in this behalf.
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