State forms board to enforce law regulating surrogacy, assisted reproductive technology

The health department in Maharashtra has set up a board to enforce the Assisted Reproductive Technology (Regulation) Act and the Surrogacy (Regulation) Act. The board will regulate surrogacy and assisted reproductive technology in the state. All centers involved in these practices are mandated to register under the acts. The Surrogacy (Regulation) Act prohibits commercial surrogacy while allowing altruistic surrogacy. The Assisted Reproductive Technology (Regulation) Act focuses on overseeing assisted reproductive technology clinics and banks to ensure responsible practices.

The health department has set up a board to enforce the Assisted Reproductive Technology (Regulation) Act, 2021, and the Surrogacy (Regulation) Act, 2021, within the state, people familiar with the development said.

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The first meeting of the board, which was chaired by health commissioner Dheeraj Kumar, was held on November 11 at Arogya Bhavan in Mumbai. Kumar issued directives to all district administrations and municipal corporations to establish committees tasked with regulating surrogacy and assisted reproductive technology within their jurisdictions, an official said and added that the acts came into effect in early 2022.

“Transparency will be maintained by regular checking of applications received through the online system and action will be taken at the earliest. It was also decided to send a proposal to the state government to include treatment under assisted reproductive technology in the Mahatma Jyotiba Phule Yojana,” the official said.

All centres involved in surrogacy and assisted reproductive technology are mandated to register under the acts. The meeting further resolved that inspection reports from all such centres in the state would be handled by the board, and unique registration numbers would be assigned, the official said.

Both acts seek to regulate the expansive reproductive medicine industry, specifying access to assisted reproductive technologies, procedures like vitro fertilisation and surrogacy, conditions for gamete donation and surrogacy, and operational requirements for clinics.

Likewise, the Assisted Reproductive Technology (Regulation) Act focuses on overseeing assisted reproductive technology clinics and banks to prevent misuse and ensure responsible practices in this field.

A senior IVF expert from Mumbai said while in many parts of India, the board/committee had already been appointed, Maharashtra was left behind. “We have been waiting for the committee to be formed. No one is doing any surrogacy,” the doctor said.