Key laws and policies
- The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act (1994, amended 2003)
- Ethical Policies on the Human Genome, Genetic Research and Services], Department of Biotechnology, Ministry of Science and Technology (June 2001) Summary here: http://www.who.int/genomics/policy/india/en/index2.html
- National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India, Indian Council of Medical Research (2005)
- Guidelines for Stem Cell Research and Therapy, Indian Council of Medical Research (2007)
- Ethical Guidelines for Biomedical Research on Human Participants, Indian Council of Medical Research (2006)
(Note: The Indian Council of Medical Research ART Guidelines are non-binding. See http://icmr.nic.in/art/art_clinics.htm.)
- Baby Manji Yamada v. Union of India & Anr. (2008) INSC 1656 (29 September 2008): www.liiofindia.org/cgi-bin/disp.pl/in/cases/cen/INSC/2008/1656.html. (2008 Supreme Court ruling on commercial surrogacy)
Vide Government of India guidelines dated:03.11.2015, prohibiting foreign surrogacy.
- Draft bills: Despite a number of attempts at passing laws, the bills have not been passed through parliament. Examples:
- Assisted Reproductive Technology (Regulation) Bill, 2013
- The Assisted Reproductive Technologies (Regulation) Bill, 2010: http://icmr.nic.in/guide/ART%20REGULATION%20Draft%20Bill1.pdf [DRAFT]
Sex selection by any means is prohibited in the Pre-Natal Diagnostic Techniques Amendment Act, which was subsequently amended to reflect technological developments. The Indian Council of Medical Research’s National Guidelines for Accreditation, Supervision and Regulation of ART Clinics permits an exception for sex selection by PGD "to avoid the risk of transmission of a genetic abnormality assessed through PGD."
Reproductive cloning and inheritable genetic modification are prohibited by the Department of Biotechnology's Ethical Policies on the Human Genome, Genetic Research and Services; the Indian Council of Medical Research's Ethical Guidelines for Biomedical Research on Human Participants; and the Council's Guidelines for Stem Cell Research and Therapy.
The Bureau of Immigration, Ministry of Home Affairs, India (http://boi.gov.in/content/surrogacy provides the following:
Vide Government of India guidelines dated:03.11.2015, the foreign nationals including OCI/PIO card holders are not allowed to commission surrogacy in India.
Permitted and regulated practices
Pre-Implantation Genetic Diagnosis
- Pre-implantation genetic diagnosis is allowed in the case of suspected medical conditions based on parental history, including both genetic conditions and the age of the mother.
- Commercial surrogacy was legalized in 2002 and loosely regulated under 2005 guidelines from the Indian Council of Medical Research. In February 2008, the Ministry of Women and Child Development considered new legislation but it never passed. More recent legislation has also been proposed, but again has not been enacted.
- Providing eggs for assisted reproduction is permitted under guidelines, which do allow payments.
- Eggs for research is also permitted, usually with reimbursement of expenses.
- Bureau of Immigration, Ministry of Home Affairs, India: http://boi.gov.in/content/surrogacy