Fertility Decoded

Your rights under India's ART Act

India's Assisted Reproductive Technology (Regulation) Act, 2021 gives you specific rights when you have IVF or other fertility treatment: your clinic must be registered and keep that registration current, counsel you and get your written informed consent before any procedure, keep accurate records for at least 10 years, protect your privacy, insure an egg donor if one is used, and run a grievance process if something goes wrong. This page explains what the law entitles you to, in plain words. It is general information, not legal advice, and the rules change, so confirm the current position on the official National ART & Surrogacy Portal.

If you are having IVF or any assisted reproduction treatment in India, the Assisted Reproductive Technology (Regulation) Act, 2021 sets rules your clinic must follow, covering consent, counselling, your records, your privacy, and how to complain if something goes wrong. It has been in force since 25 January 2022 and has been updated by amendment rules since then. This page explains, in plain words, what the law entitles you to.

Does my clinic have to be registered?

Yes. Every ART clinic and ART bank must be registered with the National Registry and meet national standards. Clinics are graded Level 1 (basic) or Level 2 (advanced, covering IVF and ICSI). This is the same registration our clinic directory's legitimacy badge is built on.

Since the 2026 amendment rules, registration is no longer a one-time step. ART clinics must renew their registration every 5 years, and surrogacy clinics every 3 years, applying at least 60 days before their registration expires.

What to do: ask your clinic for its registration level and whether its registration is current. See questions to ask your clinic for more on what to raise before you commit.

What am I entitled to before treatment starts?

Before treatment, your clinic must counsel you about what is involved: your realistic chance of success, the pros and cons, medication side effects, and the risk of a multiple pregnancy.

No procedure may be carried out without your written informed consent. You can withdraw that consent at any time before the embryo or gametes are transferred.

What happens to my records, and how private are they?

Your clinic must keep accurate records for at least 10 years, after which they are passed to the National Registry and made available for inspection by the authorities.

Your information is confidential. Clinics and banks are required to protect it, and health data is also covered separately by the Digital Personal Data Protection Act, 2023.

If my treatment uses a donor egg, what protects the donor?

If your treatment uses a donor egg, the commissioning party (generally, you) must provide insurance for the egg donor, covering loss, damage, or death. The rules for who can donate, and who can use a donor, are covered on our donor and surrogacy eligibility page.

What if something goes wrong?

Every clinic and bank must run a grievance-redressal cell. That is your first stop if you have a complaint.

Beyond the clinic, appropriate authorities at the national and state level handle complaints, and can investigate a clinic and suspend or cancel its registration if it is found in breach, separate from any criminal action that might also apply.

Sources

  • Assisted Reproductive Technology (Regulation) Act, 2021. indiacode.nic.in / ICMR.
  • National ART & Surrogacy Portal, the authoritative source for current forms and rules.
  • 2026 amendment on periodic clinic re-registration. Business Standard, 23 June 2026.

Next: find out who can use a donor or surrogacy under Indian law, or browse the registered-clinics directory.

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