Patient: Dr. Malpani, I heard that there’s a new law regulating IVF clinics in India. I believe it’s called the ART Act? What does this mean for patients like me who are planning to undergo IVF?
Dr. Malpani: That’s an excellent question—and I’m really glad you asked. Yes, the ART (Assisted Reproductive Technology) Act, 2021 is now in effect in India, and it’s important for every IVF patient to understand how this law affects their treatment, their rights, and their responsibilities. Unfortunately, many clinics don’t take the time to explain this to their patients—sometimes because they don’t want to be held accountable.
So let me break it down for you in a way that’s clear, empowering, and honest.
Patient: That would be great. Let’s start with the basics—what is the ART Law and why was it introduced?
Dr. Malpani: The ART Law was introduced by the Indian government to regulate fertility clinics and ART banks, to protect patients, donors, and surrogate mothers. It was created because the IVF industry was growing rapidly and had become largely unregulated, which led to some unethical practices—ranging from exploitation to medical negligence.
In theory, this law is a step in the right direction. It lays out who can offer ART services, under what conditions, what records must be kept, how donors are screened, and how patients are counseled. It also mandates registration for all clinics and ART banks.
Patient: That sounds reassuring. So now all clinics are accountable?
Dr. Malpani: In theory—yes. But here’s where things get complicated. While the law’s intent is good, the implementation has been poor and inconsistent. Many clinics still operate without fully complying, and the bureaucracy around registration and documentation is frustrating—even for ethical clinics like ours.
Worse, patients are not always informed of their rights under this law, which is why many still fall victim to misleading practices.
Patient: What kind of rights do I have under the ART Law?
Dr. Malpani: That’s an essential question. Under the ART Act:
You have the right to informed consent. This means your doctor must explain every procedure, its risks, benefits, and alternatives—and must take your written consent for each.
You have the right to access your medical records. You should be able to see your lab reports, your embryo photos, your hormone levels, and ultrasound scans. Nothing should be hidden from you.
You have the right to confidentiality. Your identity and medical data must be kept private.
You should receive transparent billing. No hidden charges, no surprise add-ons like PGT-A or ERA unless you’ve been fully informed and have agreed.
Patient: But many of my friends who’ve gone through IVF didn’t even get their embryo photos or hormone tracking reports.
Dr. Malpani: Exactly. And that’s a red flag. If your clinic doesn’t voluntarily offer you this information, you should ask them directly. And if they hesitate or refuse—you’re probably not in the right hands.
Unfortunately, many IVF clinics in India continue to focus more on maximizing profits than on following the letter or the spirit of the law. That’s why patient awareness is critical. The more you know, the harder it is for anyone to mislead you.
Patient: Can you give me some practical tips on how I can protect myself as a patient?
Dr. Malpani: Of course. Here’s a checklist for you:
Ask your clinic if they are registered under the ART Act. They are legally required to be.
Request written documentation of your treatment plan, drug protocol, and any test recommendations.
Get copies of all your scans, lab reports, and embryo images.
Insist on clarity about the number and quality of eggs retrieved, embryos formed, and their grading.
Ask for success rates in your age group, not just average clinic-wide statistics.
Never feel pressured into doing additional tests or procedures like ERA, PGT-A, or immune therapy unless you understand why it’s being recommended.
Don’t sign blank consent forms. Read every form carefully before signing.
Patient: What about donor eggs or sperm? How does the ART Law regulate those?
Dr. Malpani: That’s a very good point. The ART Law has placed strict guidelines on gamete donation. It mandates screening of donors, proper documentation, age limits, and even restrictions on how many families can use a single donor’s eggs or sperm.
For example, egg donors must now donate through ART banks only, and there are limits on how often they can donate. Unfortunately, these regulations have made donor gametes less accessible and more expensive. Worse, because the system is now more bureaucratic, black-market options are still being used by some unscrupulous clinics, which undermines patient safety.
Patient: Wow. This is eye-opening. So it seems like the ART Law was meant to protect patients, but unless patients educate themselves, they may still be at risk.
Dr. Malpani: Exactly. That’s why I keep saying—don’t blindly trust your doctor. Yes, trust is important—but it must be earned through transparency and accountability, not just charm and credentials.
Patients must start asking tough questions. And as doctors, we must be willing to answer them honestly. That’s the only way we can clean up the IVF industry in India—and make it a safe, ethical space for everyone.
And you can ask ChatGPT to summarise and explain this to you as well
Patient: I’m grateful for this clarity, Dr. Malpani. I wish more clinics took the time to explain things like this.
Dr. Malpani: And that’s exactly why I’ve created so many free resources on my website. You can also chat with my digital AI twin if you’d like a no-pressure, honest explanation of any aspect of IVF.
Please get your doubts resolved free using our chatbot which is powered by AI based on Dr Malpani’s 40 years of clinical expertise and experience at https://www.drmalpani.com/chat-w-chatbot/index.html. This will ensure you’re on the right path and potentially save significant costs in the long run.