Assisted Reproductive Technology procedures and related Malpractices: A Holistic Overview of the Indian Legal system

Abstract

Despite the hyped success rate claimed by Assisted Reproductive Technology (ART) clinics, commissioning couples blame repeated failures on the negligence and malpractice of these clinics. Although a mechanism has been put in place, to regulate these malpractices, how far these legislations have succeeded in addressing the grievances of the parties to the ART remains to be seen. Against this backdrop, the paper covers the nature, scope, and stakeholders involved in ART. Moving forward, it highlights the medical malpractices in the ART industry and the provisions in the legal system to deal with them. Finally, it highlights the gaps in the legal system. The method for the study was a doctrinal one, wherein references were made to scholarly articles, newspapers, reports of national and international agencies, and case laws while conducting the research.