Page:Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (India) 1994.djvu/5

This page has been proofread, but needs to be validated.
624
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse)
[ACT 57

CHAPTER III

Regulation of pre-natal diagnostic techniques


Regulation
of pre-na-
tal dia-
gnostic
techniques.

4. On and from the commencement of this Act,–

(1) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shad be used or caused to be used by any person for conducting pre-natal diagnostic techniques except £or the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3);

(2) no pre-natal diagnostic techniques shall he conducted except for the purposes of detection of any of the folio wing abnormalities, namely:–

(i) chromosomal abnormalities;

(ii) genetic metabolic diseases;

(iii) haemoglobinopathies;

(iv) sex-linked genetic diseases;

(v) congenital anomalies;

(vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board;

(3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied that any of the following conditions are fulfilled, namely:–

(i) age of the pregnant woman is above thirty-five years;

(ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;

(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;

(iv) the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease;

(v) any other condition as may be specified by the Central Supervisory Board;

(4) no person, being a relative or the husband of the pregnant woman shall seek or encourage the conduct of any pre-natal diagnostic techniques on her except for the purpose specified in clause (2).
Written
consent of
pregnant
woman and
prohibition
of commu-
nicating the
sex of
foetus.

5. (1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless–

(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;

(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and