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 27: Sourcing of gametes by assisted reproductive technology banks.
    (1) The screening of gamete donors, the collection, screening and storage of semen; and provision of oocyte donor, shall be done only by a bank registered as an independent entity under the provisions of this Act.     (2) The banks shall--
        (a) obtain semen from males between twenty-one years of age and fifty-five years of age, both inclusive;
        (b) obtain oocytes from females between twenty-three years of age and thirty-five years of age; and
        (c) examine the donors for such diseases, as may be prescribed.
    (3) A bank shall not supply the sperm or oocyte of a single donor to more than one commissioning couple.
    (4) An oocyte donor shall donate oocytes only once in her life and not more than seven oocyte shall be retrieved from the oocyte donor.
    (5) All unused oocytes shall be preserved by the banks for use on the same recipient, or given for research to an organisation registered under this Act after seeking written consent from the commissioning couple.
    (6) A bank shall obtain all necessary information in respect of a sperm or oocyte donor, including the name, Aadhaar number as defined in clause (a) of section 2 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, address and any other details of such donor, in such manner as may be prescribed, and shall undertake in writing from such donor about the confidentiality of such information.
    Explanation. --For the purposes of this section, the expressions--
        (i) "retrieval" means a procedure of removing oocytes from the ovaries of a woman;
        (ii) "screening" means the genetic test performed on embryos produced through in-vitro fertilisation.
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