Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021 in hindi
- (1)Any medical geneticist, gynaecologist, registered medical practitioner or any person shall not--
- (a)abandon, disown or exploit or cause to be abandoned, disowned or exploited in any form the child or children born through assisted reproductive technology;
- (b)sell human embryos or gametes, run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes;
- (c)import or help in getting imported in whatsoever manner, the human embryos or human gametes;
- (d)exploit the commissioning couple, woman or the gamete donor in any form;
- (e)transfer human embryo into a male person or an animal;
- (f)sell any human embryo or gamete for the purpose of research; or
- (g)use any intermediates to obtain gamete donors or purchase gamete donors.
- (2)Whoever contravenes the provisions of clauses (a) to (g) of sub-section (1), shall be punishable with a fine which shall not be less than five lakh rupees but may extend to ten lakh rupees for the first contravention and for subsequent contravention, shall be punishable with imprisonment for a term which shall not be less than three years but may extend to eight years and with fine which shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
Summary
- Medical professionals and any other persons are banned from abandoning, disowning, or exploiting any child born through assisted reproduction.
- It is illegal to sell, purchase, trade, or import human embryos or sperm and eggs (gametes).
- Nobody is allowed to exploit the commissioning couple, the woman, or the gamete donor in any form.
- The law strictly prohibits transferring a human embryo into a male person or an animal.
- It is an offence to sell any human embryo or gamete for the purpose of research, or to use middlemen to obtain or purchase gamete donors.
- A first-time offender faces a fine of five lakh to ten lakh rupees, while repeat offenders face three to eight years in prison plus a fine of ten lakh to twenty lakh rupees.
Practical examples
FAQ
1. Is it legal to buy sperm or eggs from a broker or middleman?
No, using any intermediates to obtain or purchase gamete donors is strictly forbidden.
2. Can a laboratory buy human embryos if they are only used for scientific research?
No, selling any human embryo or gamete for the purpose of research is prohibited.
3. What happens if a doctor is caught breaking these rules for the first time?
For a first offence, they will be punished with a fine between five lakh and ten lakh rupees.
4. Can a human embryo be transferred into an animal to grow?
Absolutely not, transferring a human embryo into a male person or an animal is explicitly illegal.
Test yourself
Q1.Under Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021, which of the following acts is completely prohibited for a medical practitioner?
Q2.Under Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021, what financial penalty applies to a clinic director who is caught buying human gametes for the very first time?
Q3.Under Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021, if a doctor is convicted a second time for running an agency that sells human embryos, what mandatory punishment must be included?
Q4.Under Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021, is it legal for a clinic to pay a broker to source egg donors from rural villages?
Q5.Under Section 33 of The Assisted Reproductive Technology (Regulation) Act, 2021, is a person allowed to sell a human embryo if they guarantee it will only be used for scientific research?