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 33: Offences and penalties.
    (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person shall not--
        (a) abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology;
        (b) sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes;
        (c) import or help in getting imported in whatsoever manner, the human embryos or human gametes;
        (d) exploit the commissioning couple, woman or the gamete donor in any form;
        (e) transfer human embryo into a male person or an animal;
        (f) sell any human embryo or gamete for the purpose of research; or
        (g) use any intermediates to obtain gamete donors or purchase gamete donors.
    (2) Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
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