Who Can Legally Get IVF in India? | What You MUST Know About ART Act! | EP 01 | Mamata Fertility

Thinking about IUI, IVF, or surrogacy in India?
Dr Hitesh Bhatt and Dr Arti Deenadayal explain the important legal rules you need to know before starting your fertility treatment.
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The Video Flow:
0:00 – Why this video is important for fertility patients
1:00 – Introduction to Dr. Hitesh Bhatt
2:00 – What is the ART Act and how is it different from guidelines?
3:30 – Clinic classifications: Level 1 vs. Level 2
5:00 – Role of ART banks and gamete donation
6:30 – Legal age limits for ART treatment
7:45 – Married vs. unmarried couple eligibility
9:10 – Legal consequences of breaking ART rules
10:00 – What single women need to know
11:30 – Edge-case situations and High Court exceptions
12:30 – Conclusion
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Who Can Legally Get IVF in India? | What You MUST Know About ART Act! | EP 01 | Mamata Fertility

What Is India’s ART Act and Why Should Fertility Patients Care?
The ART (Assisted Reproductive Technology) Act is a legal framework passed in 2021 that governs all fertility treatments in India. It replaced the earlier ICMR guidelines, making compliance mandatory for all clinics.

How Is the ART Act Different from Previous Guidelines?
Unlike older ICMR guidelines, the ART Act is legally binding. Violating its rules can lead to fines or imprisonment, ensuring patient safety and ethical practices.

What Procedures Are Allowed at Level 1 and Level 2 Clinics?
Level 1 clinics can only perform basic treatments like IUI. Level 2 clinics handle IVF, egg retrieval, embryo transfer, and freezing. Donor oocytes must be retrieved at Level 2 facilities.

Who Regulates Sperm and Egg Donation in India?
ART Banks are authorized centers that provide donor sperm and oocytes. However, they are not permitted to perform egg retrieval procedures — those must be done at a Level 2 clinic.

What Is the Legal Age Limit for ART Treatments in India?
Married couples and single women aged 21 to 50 are eligible. The male partner must be between 21 and 55. Aadhaar card submission is compulsory for identity and age verification.

What Happens If the Couple Crosses the Age Limit During Treatment?
If a patient crosses the age threshold mid-treatment, only a High Court writ petition can permit continuation. However, approval is not guaranteed and is case-specific.

Can Single Women Legally Opt for IUI or IVF in India?
Yes, single women aged 21–50 can undergo ART procedures using donor sperm via ART banks. The donor has no legal rights over the child, and the woman is the sole parent.

Can Live-in or Unmarried Couples Undergo Fertility Treatment?
No, ART is not permitted for unmarried or live-in couples. The male partner can only act as a certified donor through an ART bank without legal fatherhood rights.

Why Is Legal Awareness Crucial for Fertility Treatment?
Patients must choose certified clinics that follow ART Act norms. Knowing the law helps avoid complications and ensures a secure path to parenthood.

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