Regulating reproductive technologies: a blow to inclusive family forms

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The Assisted Reproductive Technologies Bill 2020 (Regulations) was tabled in Lok Sabha in September 2020. It was referred to the Parliamentary Standing Committee on Health and Family Welfare, which submitted its 129th report on the ART bill, 2020 on March 17, 2021. This article critically discusses the recommendations of this report.

Sneha Banerjee ([email protected]) teaches in the Department of Political Science at the University of Hyderabad. Prabha Kotiswaran ([email protected]) teaches law and social justice at Dickson Poon School of Law, King’s College London, UK.

Attempts to regulate assisted reproductive technologies (ART), including one of its most controversial applications, surrogacy, are about to bear fruit. Guidelines issued by the Indian Council for Medical Research in 2005 and subsequent ART bills (2008, 2010, 2014) covered all ART, including surrogacy. However, in 2016, amid growing concerns about the exploitation of women as surrogate mothers and in light of a public interest litigation (PIL), namely Jayashree Wad v Indian Union (WP [C] No. 95/2015), filed in the Supreme Court to ban transnational commercial surrogacy, the government has banned foreign parent sponsors from accessing surrogacy in India through an administrative decree. He announced a separate bill on surrogacy, taking it out of the broader realm of ART.


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