In December 2021, the Indian Parliament passed two laws that significantly alter the country’s fertility landscape. Historically, India has not regulated practices and rules around access, eligibility, and clinics for assisted reproductive technology (ART) and gestational carrier (GC) journeys (commonly known as surrogacy).
The laws passed are called the Assisted Reproductive Technology (Regulation) Act, 2021, which regulates who is eligible for ART treatment, establishes a registry for ART clinics, and regulates ART treatments, including the use of donor gametes; and the Surrogacy (Regulation) Act, 2021, which regulates GC journeys. Both laws went into effect on January 25, 2022.
In addition, the Indian government will create a National ART and Surrogacy Board to oversee the administration of these laws and has recently released the first draft of the Rules. Once finalized, the Rules will provide details of how the laws will be implemented.
How the new laws impact GC and donor-assisted reproduction journeys in India:
- Commercial GC journeys are no longer legally allowed; the law allows for a 10-month gestational period to protect the well-being of existing surrogate mothers.
- Altruistic GC and donor journeys will be subject to regulation and oversight by the National ART and Surrogacy Board, once it is established. More information about altruistic donors and GC pathways is expected in the coming months.
- The Act establishes a set of eligibility criteria to access GC services, such as age, marital status, nationality, and others.
How the new laws impact ART journeys in India:
- All ART clinics must be registered under the National Assisted Reproductive Technology and Surrogacy Registry in order to operate legally.
- The Act establishes a set of eligibility criteria to be able to access ART, such as age, marital status, and other criteria.
What should I do if my journey may be impacted?
- Get in touch with Carrot’s Care Team