At present, there is no law to govern IVF treatments or surrogacy. The ICMR has issued some guidelines, but they don't carry the weight of the law or invite penalties for non-implementation.
Bollywood actor Tusshar Kapoor has become a father to a boy born via in-vitro fertilisation (IVF) and surrogacy at the Jaslok hospital. While the Kapoor family celebrates, the news has once again triggered a debate among medical fraternity regarding the need for certain rules and regulations to be set for in-vitro fertilisation (IVF) procedures. The Assisted Reproductive Technology (ART) Bill has been pending in the parliament for the last two years.
Jaslok hospital's Dr Firuza Parikh, who led the procedure, said, “Tusshar’s brave and bold decision will open the field of assisted reproduction, making it accessible to not just single parents but also to many who fervently desire to have a baby.” She added that off late, they have approved many men and women for single parenthood.
The number of single women preferring IVF is on a rise because of the tedious adoption laws in India, according to the city's infertility experts. According to doctors, women in the city are getting increasingly bolder and do not mind bringing up babies alone.
“With adoption laws in India not supportive of single mothers, many women are choosing IVF,” said Dr Nandita Palshetkar, an infertility specialist at the Lilavati hospital. Not all IVF experts, however, entertain such requests, as the Indian Council of Medical Research
(ICMR) guidelines are against single parents for IVF or surrogacy.
At present, there is no law to govern IVF treatments or surrogacy. The ICMR has issued some guidelines, but they don't carry the weight of the law or invite penalties for non-implementation.
Meanwhile talking about the society's attitude towards single parenthood, Dr Hrishikesh Pai, senior IVF consultant at Lilavati hospital and former president of the Indian Society for Assisted Reproduction, said, “In the last few years, we have received many requests from single men and women desiring parenthood. People's lifestyles and attitudes have changed, and even families support such decisions. Before starting the procedure, we send candidates to counsellors, so that they can understand the subject in detail.”
He said the pending ART Bill should be passed soon to standardise rules and regulations for IVF across the country. “Once the law is there, standard guidelines will be followed across the country and quality of treatment will also improve,” added Pai.
Dr Anita Soni, an IVF expert at Dr LH Hiranandani hospital, said that while they have been getting a rising number of requests from single parents, they have been denying most of them. “ICMR guidelines have been in place since November. They do not allow single parents to have a child via IVF or surrogacy,” said Soni.
Dr Bipin Pandit, another IVF expert and member of the Maharashtra Medical Council (MMC), however, said these were just guidelines and so Kapoor did nothing illegal by opting for IVF. “Abroad, it is common for single parents to go for IVF and surrogacy,” he added.
Meanwhile, the Maharashtra state department has decided not to wait for guidelines by the Union ministry of health and family welfare, and has plans to have its own rules and regulations. An expert committee has already been appointed for the purpose. At present, the treatment is unchecked, unsupervised and not regularised. After formulation of the law, the IVF centres will come under the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) cell.
According to a latest internal study by the state health department, there are 180 IVF clinics in Mumbai and 428 in the state. “Rules and regulations are, of course, needed for any medical procedure. Tusshar Kapoor's case is very much legal The long-pending Bill should now be passed,” said Dr Duru Shah, scientific director, Gynaecworld.
What is surrogacy
Surrogacy is an arrangement in which a woman carries and delivers a child for another couple or person. This woman may be the child's genetic mother (called traditional surrogacy), which is deemed illegal in India under the ICMR ART guidelines of 2005. Or, she may carry the pregnancy to delivery after having an embryo to which she has no genetic relationship whatsoever transferred to her uterus (called gestational surrogacy). If the pregnant woman receives compensation for carrying and delivering the child, besides medical and other reasonable expenses, the arrangement is called a commercial surrogacy. The other kind of arrangement is sometimes referred to as an altruistic surrogacy, such as when a woman helps out a sibling. The ICMR guidelines approve of altruistic surrogacy if the gestational surrogate belongs to the same generation.
The social parents, or those who intend to raise the child, may arrange a surrogate pregnancy because of homosexuality, infertility, or other medical issues that make pregnancy or delivery risky or otherwise undesirable. The intended parent could also be a single man or woman wishing to have his/her own biological child.
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