A Critical Analysis of the Assisted Reproductive Technology (Regulation) Act 2021

Abstract

The study addresses the multifaceted nature of infertility and the socio-technical response through Assisted Reproductive Technology ART, highlighting its evolution, societal implications, and legislative interventions in India. Initially perceived as a modern- day predicament, infertility’s recognition as a significant issue was catalyzed by social science, the acknowledgment of male infertility, and the stigma associated with it, especially in contexts like India. ART emerged as a transformative solution, offering various intricate procedures like in-vitro fertilization and gene tweaking to aid reproduction. However, the accessibility of these technologies was skewed, predominantly benefiting the affluent due to the high costs involved. India’s position as a hub for medical tourism, particularly for commercial surrogacy, is scrutinized, revealing a lucrative industry operating under a lax legal framework. The ensuing ethical, social, and legal complexities prompted the establishment of regulatory measures like the National Guidelines for ART Clinics and the enactment of the Assisted Reproductive Technologies Act and the Surrogacy Regulation Act in 2021. These legal instruments aim to address the exploitation of ART for commercial purposes, protect the rights of children born through these technologies, and mitigate economic disparities affecting access to ART. However, challenges persist, including the enforcement of altruistic surrogacy, exclusion of certain social groups, and the potential for black-market activities, indicating the intricate balance between technological advancement, ethical considerations, and societal norms in the realm of reproductive health.