‘IVF norms adherence will help curb child trafficking’

The Supreme Court on Tuesday described child trafficking as a menace confronting the entire nation and directed the Delhi government to probe the functioning of in-vitro fertilisation (IVF) centres in the Capital to ensure strict adherence to the Assisted Reproductive Technology (Regulation) Act, 2021 (ART Act).

- Utkarsh Anand

A bench of justices JB Pardiwala and KV Viswanathan said it ‘was crucial to regulate such centres so they do not become hubs for unethical practices or illegal trafficking of infants, whether with the assistance of willing couples or otherwise.

The court was acting on submissions made by senior advocate and amicus curiae Aparna Bhat, who pointed out that an accused in a child trafficking case being monitored by the bench was previously employed at IVF centres in Delhi though their nature of employment was not clear. She stressed that the authorities must ensure compliance with Section 33 of the ART Act.

Section 33 prohibits a range of practices, including exploiting children born through ART, selling embryos or gametes, transferring embryos into males or animals, and using agents to procure donors. The Act is aimed at regulating ART services, preventing misuse, and promoting ethical practices.

Accepting Bhat's suggestion, the bench directed the Delhi government to conduct a survey of IVF centres in the city, review their adherence to ART norms, and confirm that none were complicit in trafficking. The state government has been asked to file its report before the next hearing. Hearing the matter on its own motion, the bench also expressed alarm at the larger child trafficking rackets operating across states.