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Law on Pre-natal Diagnostic Techniques [India]

In India PGD is prohibited except to detect specific genetic and chromosomal abnormalities or sex-linked genetic disorders. The Law on Pre-natal Diagnostic Techniques “provides the prohibition of sex selection, before or after conception,” and aims to prevent “sex determination leading to female foeticide.” Therefore, sex selection for cultural reasons and for family balancing is banned in India.

The Indian Council of Medical Research’s National Guidelines for Accreditation, Supervision and Regulation of ART Clinics in India prohibits sex selection “at any stage of fertilization, except to avoid the risk of transmission of a genetic abnormality assessed through PGD.” Moreover, the guidelines prohibit ART clinics from providing couples with a child of a desired sex.

India strictly regulates PND. The practice is admissible only in order to detect fetal abnormalities or genetic, metabolic or chromosomal disorders. By law, PND may be conducted only if the pregnant woman meets one of the following conditions: a) is more than thirty-five years of age, b) has two or more spontaneous abortions, c) has been exposed to potentially teratogenic agents, such as drugs, radiation, infection, or chemicals, d) she or her spouse has a family history of mental retardation or physical deformities, such as spasticity or other genetic disease, or, f) any other condition specified by the state supervisory board.

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