As a senior IVF specialist committed to patient autonomy and ethical practices, I’ve closely examined the new ART Act and its implications for ART banks in India. The ART Act was introduced to regulate and streamline assisted reproductive technologies, including egg donation, but its current framework presents significant flaws. In this article, I’ll delve into why the creation of ART banks under this act is problematic and how adoption agencies could provide a more effective and compassionate solution.
The Flaws in the ART Act’s ART Banks
1. Deeply Medically Flawed Model
One of the most glaring issues with the ART banks established under the new ART Act is that they flout all global medical best practices. Unlike international standards, which have increasingly moved towards frozen egg banks due to their greater flexibility and reliability, the ART Act’s banks in India focus on fresh egg donations. This approach is increasingly obsolete and fails to meet the evolving needs of patients and medical practices worldwide. This is why we are seeing so many scandals, such as the ART Bank that forced a minor to donate eggs in Varanasi recently. Sadly, no action has yet been taken against the ART Bank or IVF clinic involved in this scam, which is just the tip of the iceberg !
2. Commercialization of Donation
The commercialization of egg donation is another major concern. The primary objective of egg donation should be to offer a compassionate and ethical option for individuals and couples facing fertility challenges. However, ART banks in India often prioritize profit over patient welfare. The law allows these ART banks to be run by non-doctors, who don’t have any clinical experience or expertise. This shift towards a commercial model undermines the core purpose of donation and introduces a profit-driven mentality into a process that should be deeply rooted in care and ethics.
3. Lack of Medical Facilities and Expertise
A critical flaw in the ART banks under the new ART Act is their lack of medical facilities and expertise. These banks are often run by non-medical professionals whose main goal is financial gain. They lack the necessary infrastructure to perform essential functions such as egg retrieval and freezing. As a result, the services they offer are compromised, and both the donors and patients may receive substandard care. The absence of qualified medical personnel in these institutions is a significant risk to patient safety and the overall quality of the service, and reduces pregnancy rates significantly !
4. Dependence on Brokers and Middlemen
The reliance on brokers and middlemen further exacerbates the problem. These intermediaries are motivated primarily by monetary incentives rather than patient well-being. Trusting brokers with such a sensitive aspect of fertility treatment is problematic. Unlike doctors, who have a professional and ethical obligation to prioritize patient care, brokers do not necessarily have the expertise or commitment to ensure the best outcomes for patients. This lack of value addition makes the process not only inefficient but also potentially dangerous.
How Adoption Agencies Can Improve the Situation
1. Ethical and Compassionate Screening
Adoption agencies offer a promising alternative to the current model of ART banks. These agencies are equipped with medical specialists, medical social workers, and compassionate counseling experts who can perform the screening of egg donors . Their services can also be used for counselling surrogates as well ! Their focus is on ensuring that every participant is treated with respect and care, which aligns with the ethical standards that should underpin all aspects of reproductive technology. By offering all possible choices to infertile couples under one roof, this will help couples to make the decision which is right for them.
2. Non-Commercial Approach
One of the key advantages of involving adoption agencies is their non-commercial approach. Unlike ART banks driven by profit, adoption agencies are focused on the welfare of the individuals and families they serve. This non-commercial focus ensures that the primary concern is the well-being of the patients, rather than financial gain. By shifting the responsibility of screening and managing egg donation to these agencies, we can create a more ethical and supportive environment for all parties involved.
3. Expertise and Experience
Adoption agencies have extensive experience in handling sensitive issues related to reproductive health and family planning. Their staff includes specialists who are trained to deal with complex emotional and medical needs, providing a level of care that ART banks often lack. This expertise is crucial in ensuring that the egg donation process is handled with the utmost professionalism and compassion. This is also very helpful for IVF clinics, who can now focus on providing top-quality medical care, instead of worrying about whether the donors have been counselled properly or not !
4. Addressing the Shortage of Babies for Adoption
Given the shortage of babies available for adoption, many adoption agencies don’t have enough work, or enough funds. This is why the involvement of adoption agencies in the egg donation program can still improve the quality and ethics of the process. By integrating adoption agencies into the ART framework, we can ensure that the donors are screened rigorously and ethically, even if the number of available babies is limited. This approach helps maintain high standards and supports the goal of helping couples achieve their dream of having a family. They can also be used for recruiting and counselling surrogate as well , thus creating a win-win for everyone involved in building families for infertile couples
Conclusion
The ART Act’s current model for ART banks in India has significant flaws that undermine the ethical and compassionate nature of egg donation. By commercializing the donation process, relying on brokers, and lacking essential medical expertise, these banks fail to meet global standards and patient needs.
A more effective solution would be to involve adoption agencies in the screening and management of egg donors and surrogates. These agencies bring a compassionate, non-commercial, and expert-driven approach that aligns with the ethical standards necessary for successful reproductive technology practices. By adopting this model, we can improve the overall quality of care, support patient autonomy, and ensure that the process of egg donation remains both ethical and effective.