The Hindu : New Delhi News : Norms soon to regulate infertility clinics

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Thursday, Jul 10, 2008
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Norms soon to regulate infertility clinics

Legal Correspondent

New Delhi: The Centre on Wednesday informed the Supreme Court that it would soon frame guidelines to regulate clinics and nursing homes offering Assisted Reproductive Technology (ART) to childless couple to beget a child.

Additional Solicitor-General (ASG) Gopal Subramaniam indicated this before a Bench consisting of Chief Justice K.G. Balakrishnan and Justices P. Sathasivam and J.M. Panchal during the hearing of a public interest litigation petition by an affected couple from Kerala — Anitha Jayadevan and her husband — seeking proper guidelines for regulation of ART clinics.

“Serious matter”

The ASG said it was a serious matter and the Centre was deeply concerned over the unregulated mushrooming of fertility clinics and would shortly come out with some guidelines which would be implemented in all States till legislation was put in place. “The process of enacting a mandatory law is already on. However, guidelines will be enforced till the law is enacted.”

The Bench granted four weeks to the Centre to file an affidavit.

The first petitioner was aggrieved over the Intra Cytoplasmic Sperm Injection treatment given to her in a clinic in Kerala as it did not produce the desired results, though she became pregnant. Her condition became serious and pregnancy had to be terminated.

The couple alleged that they were victims of illegal treatment given by doctors at the clinic and absence of any law to regulate such clinics was a cause of concern to the public. The Kerala High Court rejected their petition and the present petition is directed against that order.

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