Updated: Assisted Reproductive Technology (Regulation) Bill, 2008 resources

A regularly updated resource on the Assisted Reproductive Technology (Regulation) Bill, 2008. From a collection of media, academic, and blog sources.

Draft of Bill

Draft of the bill available at the Indian Council for Medical Research website (link pdf Opens in a new window).

Alternative download link on this website: Draft ART (Regulation) Bill Rules 2008 [pdf]

News reports

Medical fraternity backs surrogacy bill”, Times of India, 05 Jan 2009, Aditi Utpat, Link

Abstract: A report on the Pune medical community’s reaction (My take on the report: lacking any substance)

“Bill to regulate IVF clinics to be tabled soon”, Mint, 24 Sep 2008, C.H. Unnikrishnan, Link

Abstract: There are no laws now to regulate the use of ART in India, which has an estimated 200,000 IVF clinics

“Birth Pangs”, The Telegraph, 22 Oct 2008, Manjula Sen, Link

Abstract: Though it promises to regulate the thriving industry in artificial reproduction and surrogacy, the Assisted Reproductive Technology (Regulation) Bill does have some serious lapses, argues

“New born challenges”, DNA, 12 Oct 2008, Sonal Makhija, Link

Abstract: The surrogacy law must balance old views with the latest technology

“Abetting surrogacy”, Frontline, 25/22 Oct. 25-Nov. 07, 2008, T.K. RAJALAKSHMI, Link

Abstract: The Bill on surrogate motherhood focusses more on protecting private-sector interests than on providing a regulatory mechanism

“Surrogacy bill needs to be discussed threadbare”, DNA, 19 Sep 2008, Mayura Janwalkar, Link

Abstract: Activists feel that there was need for a wider debate before approving the draft bill

“Flawed moves for a National Biotechnology Regulatory Authority”, The Hindu, 27 Aug 2008, P.M. Bhargava, Link

Abstract: The proposed bill to create such an authority is entirely industry-centric.

“Guidelines not enough, enact surrogacy laws”, Hindustan Times, 07 Aug 2008, N.B. Sarojini & Aastha Sharma, Link

Abstract: There is no law governing surrogacy in India. It is imperative that the practice be legally regulated to prevent victimisation of both the surrogate and the intended parents.

“Draft Law tightens surrogacy norms” Times of India, 30 Sep 2008, Malathy Iyer, Link

Abstract: Dr P M Bhargava, former scientist with the Indian Council of Medical Research (ICMR), who is the key architect of the draft rules, told TOI a few days ago that “considering all the news about surrogacy, including the recent case of the Japanese child, we realised that the new law addresses all the problem areas”.

“ICMR rules to allow gays to become parents” Times of India, 12 Jul 2008, T S SREENIVASA RAGHAVAN, Link

Abstract: Homosexuality in India is still in legal limbo, but the Indian Council of Medical Research (ICMR) appears ready to champion the rights of gays and lesbians keen on becoming parents.

“India to tighten laws on rent-a-womb surrogacy” Economic Times, 5 Oct 2008, Link

Abstract: India has finalised a draft law to regulate one of its most successful but ethically problematic “outsourcing” industries – providing surrogate mothers for childless couples.

“No more Baby Manjis in India, draft law on surrogacy ready” The Indian Express, 27 Sep 2008, Teena Thacker, Link

Abstract: With the dust of the ethics debate and legal battle over Baby Manji – born on July 25 to a surrogate mother in Gujarat using the sperm of a Japanese man and the egg of an unknown donor- yet to settle, the first move has been made in the direction of setting up a regulatory framework for surrogacy in India.

“Baby biz: Indian set to trump global surrogacy laws”, The Indian Express, 20 Oct 2008, Vidya Krishnan, Link

Abstract: India set to be the only country in the world to legalise commercial surrogacy. The proposed rent-a-womb law, if passed in the next parliamentary session, will clearly be one of the friendliest laws on surrogacy in the world.

Books

Assisted Reproductive TechnologiesCurrent Methods and Future Directions; Hinduja Indira, Zaveri Kusum, Puri Chander; Oxford University Press, 2001

Academic Articles

“How some Indian baby makers are made: Media narratives and assisted conception in India” Anthropology & Medicine, 7(1), 2000, Bharadwaj, Aditya, Link

“Assisted Reproductive Technologies in India” Development; Volume 49, Number 4, December 2006 , pp. 128-134(7); Authors: Mukherjee, Manjeer; Nadimipally, Sarojini B, Link

Abstract: Assisted Reproductive Technologies (ARTs)1 raise significant issues at the interface of technology, health and society. Manjeer Muherjee and Sarojini N.B. look at the intersection of patriarchal traditions, the scientific medical establishment, and the global market in India and their combined impact on the creation, proliferation and standardization of new reproductive technologies.

“Ethical issues in modern biological technologies” Reproductive BioMedicine Online; Volume 7, Number 3, October 2003 , pp. 276-285(10); Author: Bhargava, Pushpa M.1, Link

Abstract: Today’s biology-based technologies have emerged from a historical imperative and as an inevitable consequence of developments in modern biology beginning in the last half-century. They can be classified into almost 30 different areas, ranging from the use of gene therapy for human beings, enzyme engineering, stem cells and cloning, to marine biotechnology, bioinformatics, nanotechnology and biological warfare among many others. Many of them have major sociopolitico-economic, moral, ethical and legal implications. They include genetic engineering, gene therapy, tissue culture, stem cell work, the new DNA technologies, commercialization of traditional plant-based drug formulations, assisted reproduction techniques, cloning technologies, organ transplantation, bioinformatics, and biological weapons. Examples of the ethical implications of several of these items will be considered. They will be assessed with special reference to ethical implications in respect of assisted reproduction techniques, of worldwide importance today, particularly for a country such as India.

Articles from Indian Journal of Medical Ethics

ICMR guidelines on Assisted Reproductive Technology: lacking in vision, wrapped in red tape, July-Sep 2007 v4 No.3, Laxmi Murthy1, Vani Subramanian1, Link

“Comment on ‘Trade secrets from a sperm bank in India'” Jan-Mar 2008 V5 No.1, Manisha Gupte, Link

“Surrogacy from a feminist perspective”, Oct-Dec 1997 V5 No.4, Malini Karkal, Link

“The moral implications of motherhood by hire”, Jan-Mar 1997 V5 No.1, Trevor Allis, Link

“Interventions in reproduction”, July-Sept 2006 V3. No 3, D S Sheriff1, S Omer Sheriff, Link

Papers by practitioners

“Are we exploiting the infertile couple?”, Jan-Mar 2000 V8 No.1, Aniruddha Malpani, Link

“Infertility treatment is a human right”, Oct-Dec 2005 V2 No.4, KAMINI A RAO, Link

Advocacy groups

“Sama Resource Group for Women and Health”, Responsenet, 19 Dec 2008, Link

Blog posts

“Surrogacy Politics” Kafila.org, 25 Dec 2008, Imrana Qadeer & Mary E. John, Link

“Surrogate mothers (ART Bill 2008) Part 1”, Time and Us, 04 Jan 2009, anu, Link

Surrogacy agreement (ART Bill 2008) Part II, Time and Us, 09 Jan 2009, Link

Expert committee (ART Bill 2008) Part III, Time and Us, 13 Jan 2009, Link

“The Draft ART Bill, 2008”, Law and Other Things, 10 Oct 2008, Link

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