Section 4:
Regulation of pre-natal diagnostic techniques.
On and from the commencement of this Act,--
(1) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic
Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques
except for the purposes specified in clause (2) and after satisfying any of the conditions specified in
clause (3);
(2) no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of
any of the following abnormalities, namely:--
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central Supervisory
Board;
1
[(3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to
do so is satisfied for reasons to be recorded in writing that any of the following conditions are
fulfilled, namely:--
(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone two or more spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs,
radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation or physical
deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Board:
Provided that the person conducting ultrasonography on a pregnant woman shall keep complete
record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 unless contrary
is proved by the person conducting such ultrasonography;
(4) no person including a relative or husband of the pregnant woman shall seek or encourage the
conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2);
(5) no person including a relative or husband of a woman shall seek or encourage the conduct of
any sex selection technique on her or him or both.]
Notes:
1 Subs. by s. 7, ibid., for clauses (3) and (4) (w.e.f. 14-2-2003).