The National Commission for Women (NCW) has constituted a high-level panel to conduct a comprehensive review of the laws governing IVF clinics, assisted reproductive technology (ART) centres, and gamete banks. The expert committee will be chaired by Justice (retd.) Asha Menon and will bring together experts from the judiciary, medicine, forensic science, law enforcement, gynaecology, public policy, and the Ministry of Health and Family Welfare.
Regulatory Gaps and Unethical Practices
The women’s rights body observed that although registration under the National ART and Surrogacy Registry is mandatory for all such clinics and gamete banks, regulatory compliance has been insufficient to prevent unethical practices. The emergence of medical tourism in the fertility sector has raised concerns about the possible circumvention of India’s legal safeguards, including those aimed at preventing sex selection, the NCW noted.
The absence of uniform treatment protocols across states has further highlighted the need for stronger oversight to protect women from unnecessary procedures, inconsistent standards of care, and financial exploitation, according to the NCW.
Scope of the Panel’s Review
The committee will review the implementation of the Assisted Reproductive Technology (Regulation) Act, 2021, the Surrogacy (Regulation) Act, 2021, and the relevant Amendment Rules notified in 2026. It will examine existing safeguards relating to consent, privacy, and biological traceability; identify regulatory and procedural gaps that may enable exploitation or fraudulent practices; and recommend reforms to strengthen institutional accountability.
Surrogacy is legal in India but is strictly limited to altruistic arrangements, meaning that commercial surrogacy is completely banned. The practice is heavily regulated under laws aimed at preventing the exploitation of vulnerable women and ensuring ethical standards.
India’s Fertility Tourism and Economic Impact
India’s surrogacy industry was once estimated to be worth around USD 2.3 billion annually, with more than 3,000 fertility clinics operating across the country prior to the 2015 ban on foreign surrogacy. That ban sought to halt commercial overseas surrogacy by restricting medical visas and denying entry to foreigners seeking such services. India was previously a leading destination for reproductive tourism.
The ban aimed to curb the exploitation of women involved in such services, particularly those from economically weaker sections, and to prevent the “commercialisation of motherhood”. Similarly, subsequent regulatory changes sought to prevent women from economically disadvantaged backgrounds from being exploited as surrogates.
