1. Short title, extent and commencement. — (1) This Act may be called the Assisted
Reproductive Technology (Regulation) Act, 2021.
(2) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions. — (1) In this Act, unless the context otherwise requires, —
(a) “assisted reproductive technology” with its grammatical variations and cognate
expressions, means all techniques that attempt to obtain a pregnancy by handling the sperm or the
oocyte outside the human body and transferring the gamete or the embryo into the reproductive
system of a woman;
(b) “assisted reproductive technology bank” means an organisation which shall be
responsible for collection of gametes, storage of gametes and embryos and supply of gametes to
the assisted reproductive technology clinics or their patients;
(c) “assisted reproductive technology clinic” means any premises equipped with requisite
facilities and medical practitioners registered with the National Medical Commission for carrying
out the procedures related to the assisted reproductive technology;
(d) “child” means any individual born through the use of the assisted reproductive
technology;
(e) “commissioning couple” means an infertile married couple who approach an assisted
reproductive technology clinic or assisted reproductive technology bank for obtaining the
services authorised of the said clinic or bank;
1. 25th January, 2022, vide notification No. S.O. 291(E), dated 20th January, 2022, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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(f) “embryo” means a developing or developed organism after fertilisation till the end of
fifty-six days from the day of fertilisation;
(g) “gamete” means sperm and oocyte;
(h) “gamete donor” means a person who provides sperm or oocyte with the objective of
enabling an infertile couple or woman to have a child;
(i) “gynaecologist” shall have the same meaning as assigned to it in the Pre-conception and
Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994);
(j) “infertility” means the inability to conceive after one year of unprotected coitus or
other proven medical condition preventing a couple from conception;
(k) “National Board” means the National Assisted Reproductive Technology and Surrogacy
Board to be constituted under sub-section (1) of section 17 of the Surrogacy Act;
(l) “National Registry” means the National Assisted Reproductive Technology and Surrogacy
Registry established under section 9;
(m) “notification” means a notification published in the Official Gazette;
(n) “patients” means an individual or couple who comes to any registered assisted
reproductive technology clinic for management of infertility;
(o) “prescribed” means prescribed by rules made under this Act;
(p) “appropriate authority” means the authority appointed under section 12;
(q) “regulations” means the regulations made by the National Board under this Act;
(r) “sperm” means the mature male gamete;
(s) “State Board” means a State Assisted Reproductive Technology and Surrogacy Board to
be constituted under section 26 of the Surrogacy Act;
(t) “Surrogacy Act” means the Surrogacy (Regulation) Act, 2021; and
(u) “woman” means any woman above the age of twenty-one years who approaches an
assisted reproductive technology clinic or assisted reproductive technology bank for obtaining the
authorised services of the clinic or bank.
(2) The expressions “clinics” and “banks” occurring in this Act shall be construed as “assisted
reproductive technology clinics” and “assisted reproductive technology banks”.
(3) Words and expressions used herein and not defined in this Act but defined in the Surrogacy
(Regulation) Act shall have the meanings respectively assigned to them in that Act.