HOW INDIA'S LAW AFFECT IVF TREATMENT?

Author: Shubhi Kaur Bhatia, Disha College

“In-vitro fertilisation” is the full form of IVF, but what does it really mean? It is a treatment for advanced fertility in which fertilisation takes place outside of the body, which is used to treat infertile women when all other processes have failed, such as surrogacy.

At what age can a woman go for or is she eligible for an IVF process?

Are there any laws made for these kinds of treatments?

How did the doctors do in the IVF process?

INTRODUCTION

IVF refers to the process in which an egg is fertilised outside a woman's body. The egg is then placed inside her uterus to develop and mature. This comes with a risk of health issues like hypertension, diabetes, and many more. In India, the legal age limit to opt for IVF for a woman is 50 and for men is 55. On the male's part, the man donates sperm as a sample on the same day of the egg retrieval.

IN INDIA, ANY LAWS MADE FOR IVF?

In India, approximately 10-11% of women aged between 14-59 years suffer from infertility. Here are some laws that have been made mandatory for IVF clinics across India, named the Assisted Reproductive Technology (Regulation) Act, 2021, which regulates the clinics and the Surrogacy Act, 2021. It allows a certain age limit for men and women, consent, and the safety of the patients. Rather than this, there are various options for having a child.

Surrogacy was the second option if you cannot have your own child, but it's not the only option you have. What is surrogacy? It is an arrangement where a woman carries and gives birth to a baby for another person or for the legal parents who will be looking after the child.

If it fails, you can go for IVF before the age of 50; however, IVF is not the last and only option. You can also go through the process of Adoption. Now what is this? It is the process of the parent-child relationship, in which the parents' rights transfer to those who adopt the child.

HERE ARE SOME LAWS MADE FOR THE SAFETY OF OUR CITIZENS IN INDIA

Hindu Adoption & Maintenance Act, 1956 (HAMA) – For adoption
Under the Juvenile Justice (Care & Protection of Children) Act, 2015
The Surrogacy (Regulation) Act, 2021
The Assisted Reproductive Technology (Regulation) Act, 2021

CONCLUSION

The concept of writing this blog is to help and increase awareness among the people that laws in India come up with your motherhood journey, assist and support you in a way by making different laws, such as the Assisted Reproductive Technology (Regulation) Act, 2021. Motherhood is a beautiful journey in every woman’s life. The law makes sure this by safeguarding your dignity to maintain respect for the community & family. Additionally, success rates vary significantly by age, with women under 35 having the highest chances, often between 40-505 per cycle, while the success rates decline with age. The rights of children born through IVF are important. Different countries have different laws. Many people believe the law is an obstacle in their journey of IVF, but it is a solution for their lives & health protection in various ways.