Highlights Of ART Act
Patient Couple
- Both married couples and single woman can avail the ART services.
- Informed written consent of infertile couple or woman is mandatory before the start of ART procedure.
- The couple or woman may withdraw their /her consent in writing before the transfer of gametes or embryos in her uterus.
- ART services are available to:
- A woman above the age of 21yrs and below the age of 50yrs.
- A man above the age of 21yrs and below the age of 55yrs.
- The identity of the commissioning couple or the woman undergoing ART procedure will be kept confidential.
- The patient is entitled to receive professional councelling
- Full opportunity will given to commissioning couple or woman to discuss about all the implications and chances of success of ART procedure in the clinic; cost, medical side effects, risks including the risk of multiple pregnancy.
- Councellor will also help the commissioning couple or woman to arrive at an informed decision on the best procedure suitable for them/her.
- Not more than three embryos will be placed in the uterus of a woman.
- Remaining gametes or embryos can cryopreserved for 10 yrs with the consent of patient and extra cost.
- PGD will be carried out to screen the embryos for known , heritable and genetic diseases only.
- A woman shall not be treated with gametes and embryos derived from more than one man and woman during any one treatment cycle.
- Commissioning couple or woman can avail the services of donor sperm /oocyte or both.
- Sperm and oocyte donors are available from ART Banks.
- The child born through donor gametes shall be entitled to all legal rights and privileges available to natural child of the commissioning couple.
- The sale, transfer of gametes or embryos to any party within or outside country are strictly prohibited under law, except for their own use with the permission of Central board.
- A clinic shall issue the commissioning couple or woman a discharge certificate stating details of ART procedure performed on the commissioning couple or the woman.
- The collection of gametes posthumously shall done only if the prior consent of the couple is available with the clinic.
- Sex selection in any form is strictly prohibited under law.
- Cryopreservation of gametes for the purpose of Onco Fertility is permitted. It is done for 10yrs. However, this time can be extended with the permission of Central Board.
Donor Of Gametes
- Informed written consent of the sperm/oocyte donor is mandatory for the donation of gametes.
- The professional councillor will council the donor regarding the details of the procedure and help him/her to arrive at an informed decision before donation.
- Age:
- A woman above the age of 23yrs and below the age of 35yrs.
- A man above the age of 21yrs and below the age of 55yrs.
- Oocyte donor should be ever married woman with atleast one child of her own 3yrs or above.
- The donor will donate gametes at his/ her own free will and choice without any pressure. The donor will not be paid in any form. However, all medical expenses will be born by the commissioning couple/woman.
- The oocyte donor shall donate eggs only once in her life time to be used on a single woman. All remaining eggs/embryos will be cryopreserved to be used on the same receipt.
- Gamete donor will be screened for certain diseases.
- The ART bank will supply the sperm of one donor to single couple.
- A donor shall relinquish all parental rights on child or children which may be born from his or her gamete.
- Use of intermediates to obtain gametes or purchase gamete donors is strictly prohibited under law..
- Identity of the donor will not be disclosed to the child born through donor gametes.
- Commissioning couple or woman have to provide insurance cover to the oocyte donor for 12 months.
- The intending couple shall sign a sworned affidavit by notary/first class magistrate before availing the ART services.