Assisted Reproductive Technologies
Licensing & Registration for Fertility and Surrogacy Clinics
With the introduction of new legislation governing Fertility and Surrogacy Clinics, licensing and registration has become streamlined and mandatory for all. The new legislation has established a National ART and Surrogacy Registry which will function as a central database of all such clinics and banks operating in India. The registration with the National Registry is mandatory for such clinics and banks. The registration has separate set of compliances and requirements that need to be taken care of, the registry can cancel or reject application of registration is these requirements are not met. Legal assistance is required to ensure these compliances are kept in check in order to obtain registration and necessary licenses.
Compliances for Fertility & Surrogacy Clinics
The Surrogacy (Regulation) Act of 2021 and the Assisted Reproductive Technology (Regulation) Act of 2021 both govern ART treatments as well as who is qualified for ART treatment and create registries for ART facilities. From obtaining registration to having the required number of qualified staff and having the necessary equipment and maintaining records; the inception of the new act has created a myriad of compliances and legal implications for fertility and surrogacy clinics. Our team of expert medical lawyers who have assisted in the establishment and smooth functioning of many such clinics will guide you through the complex web of compliances.
Surrogate Agreement
A surrogacy agreement or contract is one of the most important documents involved in the entire surrogacy journey. The motive behind having a surrogacy contract is to protect the rights of all the parties involved by clearly defining the rights and responsibilities of each party. The agreement also helps in ensuring that the entire surrogate arrangement conforms to the specific state laws. It explicitly mentions the entire process to take the key decisions during the process of surrogacy to avoid any kind of conflicts.
Having a lawyer to represent you helps in ensuring that all your interests are safe and secure.
Egg/Sperm/Embryo Donation Agreement
In general, a person who donates sperm, eggs, or embryos to a bank or private facility anonymously forfeits all legal and other rights to the biological children created from the donor's biological material. They are referred to as anonymous donors and hence, before any donation or transfer occurs, a donor contract typically protects each party's rights and obligations and covers the legal aspects of the transaction.
It is indeed crucial to have a contract that releases them of any responsibility for any child or embryo that could be produced using the donated sperm, egg, or embryo. Additionally, it must be ensured that the prospective parents won't accuse the donor of failing to pay child maintenance or demand that the child inherit from the donor in the event of the donor's demise. It is essential for both the parties before entering into such transactions, to consult an experienced attorney either to understand these contracts or get them drafted.
Protection & Rights of IVF Born Child Born
A detailed set of rights that safeguard children born via Assisted Reproductive Technology (ART) are enumerated under Assisted Reproductive Technology (Regulation) Act of 2021 and The Surrogacy (Regulation) Act of 2021. One such right includes protection from abandonment.
It is also the duty of the clinics to make commissioning couple or woman aware of the rights of a child born through IVF. Often times, there is ambiguity in such matters. Given the recent changes in the law regarding commercial surrogacy along with the prerequisites that must be proved for an altruistic surrogacy, legal guidance and support is has become necessary. If you have any questions in relation to the rights of the child born through IVF and how it can be protected, it is best to seek legal advice.