There is currently no law governing IVF treatments or surrogacy, only guidelines made by the Indian Council of Medical Research (ICMR), which don't carry the weight of the law or invite penalties for non-implementation.
After 70-year-old Daljinder Kaur from Amritsar and her 79-year-old husband Mohinder Singh Gill welcomed a healthy baby boy in April, it triggered a debate among the medical fraternity regarding the need for certain rules and regulations to be set for In-Vitro fertility (IVF) procedures and Assisted Reproductive Technology (ART) Bill, which has been pending in Parliament for the past two years.
According to the latest internal study by the state health department, there are 180 IVF clinics in Mumbai and as many as 428 in all of Maharashtra. The city is a mushrooming hub of IVF activity, said state health department officials.
There is currently no law governing IVF treatments or surrogacy, only guidelines made by the Indian Council of Medical Research (ICMR), which don't carry the weight of the law or invite penalties for non-implementation.
The effect of Daljinder's age on the future of the infant is a question on everyone's mind — how old is too old for a person to become a mother? Older women are at a higher risk of maternal health problems and potentially fatal complications.
Dr Hrishikesh Pai, a senior consultant at Fortis Memorial Research Institute and former president of the Indian Society for Assisted Reproduction, said: "There should be an age limit for couples trying to conceive through IVF. The new regulations for the ART Bill submitted in the parliament has the age limit of 50 years for women and 53 for men. It is highly inappropriate for doctors to help couples above the age of 50 to have children."
Khar-based IVF expert Dr Amit Patki said: "Rules and regulations are of course needed for any medical procedure. The pending ART Bill should be passed soon so that there will be standard rules and regulations for IVF across the country. There is a concept abroad of 'right of unborn child', where the IVF expert concerned is the custodian of the unborn child. This makes the doctors think twice before performing the procedure. A couple should be fit and of the right age to be able to take care of a child in the future. The Bill needs to formulate strict rules restricting the age of couples and it should also guide doctors about the use of technology in such cases."
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