One need not hire a lawyer, while selecting a doctor in order to have a test-tube baby. The new draft rules regarding infertility requires couples, who need a surrogate mother to approach a semen bank rather than an infertility specialist to make a selection.

The new Assisted Reproductive Technology (Regulation) Bill & Rules, 2008 was recently posted on online in order to attract public opinion. It has received mixed responses and will most probably be introduced in the next Parliamentary session.

Some feel that the new bill will involve immense paper work, whereas others feel it will protect the parties that are involved- the parents, surrogate mother, the child as well as the doctor.

The draft consisting of 135 pages will try to plug loopholes that have caused infamy to infertility treatment. This will be the first time there will be regulation, stated a doctor. Often the parents break up and the surrogate mother does not want the child, which results in the custody problem of the child. This can be avoided by the new draft.

Foreigners interested in infertility treatment in India will have to register with their embassy. Their notarized statement will subsequently be handed over to the doctor treating them. The foreign couple will also have to mention to whom the child should be entrusted if the situation demands such as death of genetic parents etc.

Dr. P M Bhargava, former scientist with the Indian Council of Medical Research (ICMR), the key architect of the draft, said that the new law laid focus on all the problematic areas.

The new law provides “safety” to surrogate mothers who will be covered by insurance “ in case of an adverse outcome”, according to Dr. Gautam Allahabadia, an infertility specialist residing in Mumbai.

Of course, Dr. Aniruddha Malpani, infertility expert was not too happy over the developments. He felt that semen banks will now start supplying eggs and surrogate mothers. They should provide semen donors, according to him. A senior doctor opined that the new draft will “double the paperwork, increase the cost of IVF and make lawyers very happy”. However, the aim of the new draft is to make the arrangements safer for the surrogate mothers.

Childless couples now require easier way out to have a child. Too many complications, like settling issues with the doctor or the surrogate mothers can be time-consuming and tedious process. One does not know if such bills can resolve the problems completely, but they can prove to be a milestone if they prove worthy of their intentions. Do such bills resolve all the problems faced by a childless couple, who are in for infertility treatment and make life easier for them? is a question that needs to be answered.

Source TOI.Oct.1st,2008