Latest news with #AssistedReproductiveTechnology
Indian Express
a day ago
- Health
- Indian Express
Before the Supreme Court, questions over the age cap in surrogacy law
The Supreme Court this week reserved its verdict in a clutch of petitions challenging the age cap for couples seeking to have a child through surrogacy, especially those couples who had started the process before the current law on this matter was enacted by Parliament. The Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, prescribe the legal framework for surrogacy. Together, these laws lay down age limits on those intending to have a child through surrogacy. The intending woman, if married, must be between 23 and 50 years of age; fathers must be between 26 and 55, and single women must be between the ages of 35 and 45 years. The case before SC Several writ petitions have been filed before the Supreme Court by couples who find themselves stuck in the process due to a change in the law on surrogacy. Essentially, they had begun their treatment before the enactment of the law, but the new law's age limits make them ineligible for surrogacy. A Supreme Court Bench comprising Justices B V Nagarathna and K V Viswanathan heard three petitions filed by couples requesting eligibility certificates under the Surrogacy Act, arguing that they had initiated the process before the Act was brought in. In one of the petitions, the husband is 62 years old, while the wife is about 56 years old. The couple lost their only child in 2018 and, desirous of having another child, began fertility procedures in 2019. After facing delays due to the disruptions induced by the COVID-19 pandemic, they were able to eventually arrange for an embryo transfer in early 2022. The petition states that their pregnancy was unsuccessful — and by the time they sought to proceed with another transfer, they had crossed the age limit laid down by the surrogacy law. The petitioners argued that the retrospective application of these conditions was unreasonable, especially when medical procedures were already underway at the time the Act came into force. They also submitted that the age limit created an unreasonable classification, violating Article 14 of the Constitution, and also interfered with reproductive autonomy, which is a facet of Article 21, which protects personal liberty. Regulatory laws usually offer transitional safeguards for those navigating compliance during a legislative shift. These provisions are called 'grandfather clauses', which 'grandfather in' certain existing situations. The Surrogacy Act has no such transitional clauses. The petitioner's challenge also raised broader concerns, including the right of single, unmarried women to pursue parenthood through surrogacy, a choice that the current law does not accommodate. Provisions of the law The Surrogacy (Regulation) Act, 2021, and the Assisted Reproductive Technology (Regulation) Act, 2021, enacted in January 2022, together ban commercial surrogacy and allow only altruistic surrogacy. According to the government, this change in law was intended to prevent the commodification of reproductive labour and to impose procedural safeguards to ensure that surrogacy is used only in cases of medical necessity. The Surrogacy (Regulation) Act lays down eligibility conditions for couples intending to seek surrogacy. The law states that for intending couples, the woman must be between 23 and 50 years of age, and the man between 26 and 55 years. The process requires the couple to obtain a certificate of essentiality, which includes proof of infertility, a court order establishing parentage and custody, and insurance for the surrogate. Single women are eligible only if they are widows or divorcees between the ages of 35 to 45. This is under challenge before the SC on the grounds that the definition of single women excluding unmarried women is arbitrary and violative of Articles 14 and 21 of the Constitution. The SC has not taken up this issue in the current batch of petitions for adjudication. Court's questions The government has defended the age restrictions on grounds of medical safety. It has said that the statutory age caps are based on recommendations from medical experts, and align with practices in reproductive health. Additional Solicitor General (ASG) Aishwarya Bhati argued that the age limits align with natural reproductive timelines, which she said is necessary for protecting the welface of the child. When the ASG mentioned the risks associated with geriatric pregnancies, Justice Nagarathna pointed out that some couples 'will take the risk' anyway. Essentially, the Bench asked why surrogacy as an option must be outlawed for an older couple when natural geriatric pregnancies are not outlawed. The ASG responded that advanced parental age influences both an unborn child's health through genetic and epigenetic changes, and also the filial love that a child requires for 20 years of their life. 'Rational nexus to the object of the Act is absent by having this age bar, especially as there is a void regarding not taking care of the couples who have already commenced. Genuine intending couples who had commenced surrogacy, the Act doesn't care for them and puts an embargo. Stop, no children! Look how harsh it is,' Justice Nagarathna said, emphasising that the Surrogacy Act's intent is to prevent commercial surrogacy, not genuine parenthood.
Time of India
3 days ago
- Politics
- Time of India
SC questions age restriction for surrogacy
NEW DELHI: Questioning the restrictions under surrogacy laws, including age limit on intended parents and surrogate mothers, Tuesday said laws shouldn't frustrate the wish of childless couples, widows and divorcees to become parents through surrogacy. Tired of too many ads? go ad free now Instead, the laws should frustrate commercial surrogacy. A bench of Justices B V Nagarathna and K V Viswanathan said present laws seem "harsh" to those wanting to take the surrogacy route to parenthood. The bench is examining provisions of Surrogacy (Regulation) Act, 2021 and the Assisted Reproductive Technology (Regulation) Act, 2021. The laws set age limits for intended parents and surrogate mothers. An intended mother must be aged between 23 and 50, and the intended father between 26 and 55 years. Further, a surrogate mother must be married and between 25 and 35 years of age, have a biological child, and only act as a surrogate once in her lifetime. If couple in their 50s, 60s can adopt, why can't they have surrogate child, asks SC Laws allow single women (widowed or divorced) between ages 35 and 45 to pursue surrogacy. Appearing for the govt, additional solicitor general (ASG) Aishwarya Bhati defended the provisions, saying the age bar was needed to ensure a child's welfare and to prevent commercial surrogacy. She said the limits were also set keeping in mind the genetic quality of gametes and urged the court to refrain from passing an interim order. The bench, however, said rationality was lacking in the provision and asked why a single woman could not go for surrogacy. "If she is a widow or a divorcee then she needs it more. Look at the void in her life... Rationality and object are absent. Look how harsh it is," the bench observed. Tired of too many ads? go ad free now It said if a couple in their 50s and 60s can adopt, then why can't they have a surrogate child. SC reserved its order on a plea of three petitioners, seeking its approval to go for surrogacy as they are age barred. They submitted that the laws came into force in 2022 but they started the process much earlier as they froze their embryo in 2012 and 2016, and that they should be allowed to pursue. Bhati argued that there were multiple reasons for freezing embryos, and it might not just be for surrogacy. "Crystallisation of rights happens on implantation of the embryo in the uterus and not just on freezing of embryos," the ASG submitted. She said there are a large number of embryos that might have been frozen earlier but they cannot claim exemption from the law. The court, thereafter, reserved its order on the plea but hinted that it would protect only those who initiated the process before the laws came into force. In one of the cases, the wife is 58 years old and the husband is 64. In the second case, the wife is 53 and the husband 56. Multiple petitions have been filed challenging various provisions of the Acts. One of the petitioners submitted that the laws were discriminatory as it barred a single woman from surrogacy. "The restrictions are wholly discriminatory and without any rational or reason behind it inasmuch as the said restriction is not only infringing fundamental rights of the petitioner, but also violative of the basic human rights of an individual to found a family as recognised by the UN and reproductive rights, which have been recognised as an aspect of personal liberty under Article 21," the plea said.
The Hindu
4 days ago
- The Hindu
Unregistered fertility lab raided in Secunderabad, seven held
Seven individuals were detained by the North Zone Task Force team following a raid by Health department officials on an unregistered fertility centre in Secunderabad. The accused were found doing unauthorised reproductive procedures in violation of the Assisted Reproductive Technology (Regulation) Act, 2021. The facility, named - Indian Sperm Tech, was being run from Regimental Bazaar, near Secunderabad East Metro Station. This arrests come on the heels of busting of a illegal surrogacy and baby-selling racket in the area. The operation was carried out at around 10 p.m. by a team from the office of the District Medical and Health Officer (DM&HO), led by Deputy Chief Surgeon Dr P. Sridhar, along with staff members J. Ramulu, Narsimha, and Chandrasheker. Police personnel from Gopalapuram also assisted during the raid. Those detained at the scene include Pankaj Soni, 50, the centre's manager and alleged owner, Sampath, 42, working as the cashier; K. Srinu, 35, an employee originally from Visakhapatnam, Jitender Kumavath, 34, a native of Indore, L. Shiva, 35, and P. Manikanta, 25, both acting as brokers, and Kansri Boro, 30, an egg donor from Assam. According to the complaint submitted by Dr Sridhar, the centre was being run without registration from the District Registering Authority and was collecting semen and eggs without authorisation. 'These were allegedly being sold to private healthcare facilities. At the time of the raid, the officials found 17 sperm donors and 11 egg donors present on the premises. The team also seized several documents and records related to donor information, payment registers, semen sample files, and a surrogacy application for a woman named Manasa, wife of Shiva Rama Krishna,' said an officer from the Task Force, adding that a copy of the Surrogacy Act and other related files were also recovered. The premises were being operated by unqualified staff with no formal medical oversight. The entire facility was sealed following the raid, and a formal complaint was lodged with the Gopalapuram Police, seeking legal action against Indian Sperm Tech, a unit of Sperm Tech India Pvt. Ltd. A case has been registered under Sections 21, 26, and 27 of the Assisted Reproductive Technology (Regulation) Act, 2021.
NDTV
5 days ago
- NDTV
Couple Finds Surrogate Baby Has No Genetic Links To Them, Doctor Among 10 Arrested In Hyderabad
Hyderabad: A case of illegal surrogacy and sperm trafficking racket has been busted in Secunderabad, leading to the arrest of ten people, including a doctor - Dr Namrata - who was the manager of Universal Srushti Fertility Centre in Regimental Bazaar. The crackdown comes after a complaint from a distraught couple who discovered, through independent DNA testing, that the child born to a surrogate arranged by the clinic was not genetically related to them. Hyderabad North Zone DCP Rashmi Perumal said the operation allegedly involved luring poor people into surrogacy and the illicit inter-state transfer of reproductive materials. The elaborate cheating racket came to light when a couple from Rajasthan, now residing in Secunderabad, lodged a formal complaint with the police. They had paid Rs 35 lakh to the Srushti Fertility Centre last year for a surrogacy procedure. However, upon the birth of the baby this year, their request for DNA verification of the surrogate mother was repeatedly delayed by Dr Namrata. The couple then arranged for independent DNA tests in Delhi. The results confirmed their worst fears: the child shared no genetic link with them. In June, when confronted with the DNA evidence, Dr Namrata reportedly admitted to a "mix-up" and requested time to resolve the issue. However, she subsequently disappeared, prompting the couple to approach the Gopalapuram police. Acting swiftly, the police conducted late-night raids at the Universal Srushti Fertility Centre, interrogating staff until the early hours of the morning. During the operation, crucial documents were seized, and sperm samples were preserved for forensic examination. The investigation has since unveiled a deeply entrenched interstate network. It was discovered that the clinic was allegedly involved in the illegal collection and transportation of sperm and eggs to other states, including Gujarat and Madhya Pradesh. The fertility centre was found to be collaborating with an unlicensed firm named Indian Sperm Tech. As the probe widened, police arrested Pankaj Soni, the regional manager of Indian Sperm Tech, along with six other individuals identified as Sampath, Srinu, Jitender, Shiva, Manikantha, and Boro. These individuals are believed to have been actively involved in sourcing and shipping reproductive material across states. DCP Rashmi Perumal said Dr Namrata had collected over Rs 35 lakh from the aggrieved couple for surrogacy services. It was also revealed that a woman was brought from Hyderabad to Visakhapatnam by flight for the delivery, with Dr Namrata allegedly convincing the couple that the baby born to this woman was theirs through surrogacy. Investigations indicate that Dr Namrata lured poor people to act as surrogates. The authorities are now working to uncover the full extent of this illicit operation, including potential violations of the Assisted Reproductive Technology (Regulation) Act, surrogacy laws, and other medical ethics regulations. Officials suspect that more fertility centres and agents may be involved in this widespread network.
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First Post
6 days ago
- Health
- First Post
Dr explains: How air pollution, stress and late pregnancies are fuelling India's fertility crisis
Infertility affects 10–15% of Indian couples. Firstpost brings out expert views on India's growing infertility crisis, examining how lifestyle, pollution, and delayed parenthood are affecting reproductive health, IVF success rates and access to fertility care in urban and tier-2 and tier-3 cities. read more Infertility is emerging as a pressing public health concern in India, affecting an estimated 10–15% of couples according to studies published in The Lancet and other medical journals. The issue has been further spotlighted by government data and clinical observations pointing to a surge in conditions like PCOS, endometriosis and declining sperm quality, particularly in urban centres. Environmental stressors such as air pollution and exposure to endocrine-disrupting chemicals, combined with sedentary lifestyles and delayed family planning, are compounding the crisis. The Indian Council of Medical Research and the Ministry of Health have taken regulatory steps with the Assisted Reproductive Technology (Regulation) Act to ensure standardised fertility care but challenges around accessibility, affordability and awareness persist—especially in tier-2 and tier-3 cities. STORY CONTINUES BELOW THIS AD Firstpost talked to Dr. Mannan Gupta, Chairman & HOD, Obstetrics & Gynaecology & IVF, Elantis Healthcare (New Delhi) to understand the underlying medical and environmental factors behind India's infertility burden, how air pollution and lifestyle are affecting IVF outcomes, and the current state of ART practices across the country. What are the main medical and environmental factors behind the rising burden of infertility in India? Dr Mannan: Infertility now affects nearly 10–15% of couples in India, and the trend is steadily increasing. Medically, rising cases of Polycystic Ovary Syndrome (PCOS), endometriosis, thyroid disorders, diabetes, and obesity in women are significant contributors. In men, conditions like varicocele, hormonal imbalances, and poor sperm parameters are commonly seen. Environmentally, increasing exposure to endocrine-disrupting chemicals (EDCs), air pollution, and unhealthy lifestyle habits—such as poor diet, lack of exercise, smoking, alcohol consumption, and chronic stress—are worsening reproductive health. Additionally, delayed marriages and late pregnancy planning have become major socio-cultural factors contributing to declining fertility. How are declining sperm quality and ovarian reserve due to air pollution and sedentary lifestyles impacting IVF outcomes, especially in urban India? Dr Mannan: In urban settings, declining sperm counts and ovarian reserves have become major challenges for successful conception—both naturally and via assisted reproduction. Studies show increasing DNA fragmentation in sperm and diminished anti-Müllerian hormone (AMH) levels in women exposed to high-pollution environments. These directly reduce embryo quality and negatively impact IVF success rates. Sedentary habits, obesity, and poor sleep hygiene further impair hormonal health. As a result, we often require multiple IVF cycles and personalised stimulation protocols to achieve a viable pregnancy, especially in metropolitan cities. How accessible and affordable is IVF treatment across India, particularly in tier-2 and tier-3 cities? Dr Mannan: While IVF is gaining popularity and acceptance, affordability and access remain significant hurdles outside metro cities. In tier-2 and tier-3 areas, there is limited availability of advanced infrastructure, skilled embryologists, and fertility specialists. Many couples are forced to travel to metro cities, which increases emotional and financial burdens. Moreover, infertility is still considered taboo in several regions, leading to delayed medical intervention. Although some states are considering subsidised treatment or insurance coverage for infertility, there is still a long way to go in terms of accessibility and affordability at the national level. STORY CONTINUES BELOW THIS AD What realistic expectations should couples, especially those over 35, have when starting IVF? Dr Mannan: IVF success rates typically range from 30% to 50%, depending on factors like the woman's age, the cause of infertility, and the clinic's expertise. For women above 35, success rates start to decline due to reduced ovarian reserve and egg quality. It is crucial for couples to understand that IVF is not a guarantee of pregnancy in the first cycle. It may require two or more attempts, and in some cases, advanced techniques like donor eggs or preimplantation genetic testing (PGT) may be recommended. Emotional and psychological support also plays a big role during this journey. Since the implementation of ICMR guidelines and ART legislation, how have clinical practices, patient safety, and ethical standards changed? Dr Mannan: The Assisted Reproductive Technology (Regulation) Act and ICMR guidelines have brought much-needed standardisation to IVF practices across India. Clinics now require mandatory registration, ensuring quality control and accountability. There are clear protocols for consent, gamete donation, surrogacy, and embryo storage. This has significantly improved patient safety, reduced unethical practices, and built greater transparency in treatment. While compliance can sometimes increase operational costs, it ultimately enhances trust between patients and healthcare providers. STORY CONTINUES BELOW THIS AD Are clinics in India adopting single embryo transfer more frequently to minimise complications from multiple pregnancies? Dr Mannan: Yes, there is a growing shift towards single embryo transfer (SET), especially in younger women with good-quality embryos. While earlier practices often involved transferring two or more embryos to boost chances, we now understand that multiple pregnancies increase maternal risks such as hypertension, preterm birth, and NICU admissions. With improved embryo culture systems, blastocyst transfers, and technologies like vitrification (rapid freezing), SET has become a safe and effective option. However, adoption still varies across clinics and regions based on patient preference, cost considerations, and expectations. What does current evidence suggest about egg freezing and fertility preservation in working women and cancer patients? Dr Mannan: Egg freezing has emerged as a valuable tool for fertility preservation. For working women who wish to delay childbearing, freezing eggs before the age of 35 offers the best chance of future success. In cancer patients, fertility preservation before undergoing chemotherapy or radiotherapy is becoming standard practice. Evidence shows that frozen eggs, when used within 5–10 years, can lead to pregnancy rates comparable to fresh eggs—provided they were retrieved at an optimal age and under proper protocols. The key is early counselling and timely decision-making. STORY CONTINUES BELOW THIS AD How widely are advanced technologies like AI and time-lapse imaging being adopted in Indian IVF clinics, and do they improve outcomes? Dr Mannan: Advanced technologies such as AI-based embryo selection and time-lapse imaging (like EmbryoScope) are being increasingly integrated into top-tier IVF centres in India. These tools offer real-time monitoring of embryo development and help identify embryos with the best implantation potential. AI algorithms analyse thousands of data points to assist embryologists in decision-making. While the evidence is promising—especially in reducing subjectivity and improving selection accuracy—more long-term data is needed to confirm significant improvements in live birth rates. Cost is another limiting factor, making these technologies less accessible in smaller cities.
