ART Act in India: What Intended Parents Should Know

AI Summary Box

The ART Act in India regulates and supervises fertility clinics and ART services, prohibits commercial surrogacy and unethical practices such as sex selection, mandates registration of clinics and banks, protects rights of intended parents and children born through ART, and outlines eligibility and consent requirements. A trusted egg donor agency can help intended parents understand and comply with these legal frameworks.

Why Become Informed About the ART Act?

For intended parents planning surrogacy or assisted reproductive procedures — whether in India or abroad — the ART Act affects every phase of your journey. It governs clinic standards, donor and surrogate eligibility, legal consent, and the rights of the child. Understanding this framework ahead of time helps you make informed decisions, avoid legal pitfalls, and work with licensed providers operating within the law.

How Long Does Compliance with the ART Act Impact the Process?

The ART Act influences your journey from initial planning to delivery and beyond. Key stages of impact include:

• Pre-procedure counseling and consent documentation
• Clinic and ART bank registration and verification
• Donor and surrogate screening
• Surrogacy agreements and compliance checks
• Birth registration and legal parentage confirmation

While the biological aspects of your pregnancy may be 9 months, legal compliance continues throughout — often for months before and after the pregnancy to ensure that all documentation, eligibility criteria, and ethical standards are satisfied.

Step-by-Step Breakdown: What the ART Act Covers for Intended Parents

1. Registration of Clinics and ART Banks

Under the ART Act, all fertility clinics and ART banks must be registered with the National Assisted Reproductive Technology and Surrogacy Registry. This ensures that facilities meet infrastructure, personnel, and operational standards before offering services.

2. Ethical Guidelines and Prohibitions

The ART Act prohibits unethical practices such as:

• Sex-selective procedures
• Commercialization of gametes or embryos
• Unlawful sale, transfer, or trafficking of reproductive material

These safeguards protect your interests and the wellbeing of all parties involved.

3. Donor Regulations

Donors must meet strict age and health criteria. For example:

• Egg donors: age 23–35
• Sperm donors: age 21–55
• Donation limits and genetic screening are mandated

Donors must also provide informed consent and relinquish any parental claims.

4. Informed Consent and Counseling

Before any ART procedure — including surrogacy — intended parents, donors, and surrogates must receive counseling and provide written informed consent. This ensures clarity about medical procedures, legal rights, risks, and responsibilities.

5. Rights of Children Born Through ART

The ART Act clearly recognizes children conceived through ART as biological children of the intended parents, granting them equal legal rights. Donors have no parental claims, and surrogacy agreements establish parental rights in advance.

6. Regulation and Enforcement

Violations of ART provisions — such as unlawful sex selection or unauthorized transfer of reproductive material — are subject to significant penalties, including fines and prison terms in some cases. Enforcement helps ensure ethical and safe practices across clinics.

Trusted Egg Donor Agency — Your Support Through the ART Act

Navigating the ART Act on your own can be complex. A trusted egg donor agency plays a critical role in guiding intended parents through:

• Understanding legal and medical requirements
• Selecting registered ART clinics and banks
• Ensuring informed consent and proper documentation
• Coordinating donor and surrogate screening
• Managing ethical and regulatory compliance

This support reduces uncertainty and helps protect you and your future child throughout the process.

Benefits of Understanding the ART Act

For Intended Parents

• Clear legal framework governing fertility and surrogacy services
• Protection against unethical practices
• Assurance of clinic and bank credibility
• Legal recognition and rights of the child

For Donors and Surrogates

• Defined eligibility and protection standards
• Informed consent and mandatory counseling
• Confidentiality and non-commercialized procedure norms

FAQs 

Q. What is the ART Act?

Ans. The ART Act regulates assisted reproductive technology services to ensure safe, ethical, and legal fertility treatments in India.

Q. Does the ART Act ban commercial surrogacy?

Ans. Yes — only altruistic surrogacy is permitted; monetary compensation beyond medical and insurance costs is prohibited.

Q. What clinics are covered by the ART Act?

Ans. All ART clinics and ART banks in India must be registered and comply with the Act’s regulations.

Q. Who can receive ART services?

Ans. Eligible individuals/couples must meet criteria outlined by the law, and some exclusions (such as single men or non-binary persons) currently remain under debate.

Q. Are sex selection procedures allowed?

Ans. No — the Act strictly prohibits sex-selective ART procedures.

Q. Can donors receive payment?

Ans. Donors may not receive payment beyond reimbursement for medical expenses and insurance.

Q. Do intended parents have legal parentage rights?

Ans. Yes — children born through ART or surrogacy are legally recognized as the intended parents’ biological children.

Q. Is counseling required?

Ans. Yes — all parties must undergo counseling before procedures begin.

Q. What are penalties for violations?

Ans. Violations can lead to fines and criminal penalties, depending on the offence.

Q. How does the ART Act protect surrogates?

Ans. By enforcing ethical standards, informed consent, confidentiality and clear legal agreements.

Conclusion

The ART Act in India is a major regulatory framework that affects intended parents, donors, surrogates, and clinics. It emphasizes ethical practices, transparency, and legal protections while promoting safe and regulated fertility care.

For intended parents, understanding the ART Act helps you choose the right clinics, ensure compliance with consent and documentation, and protect your rights and those of your future child. A trusted egg donor agency can support this process by guiding you through legal requirements, clinic selection, and regulatory compliance — making your surrogacy journey in India safer and more confident.