NCW Sets Up Expert Panels to Tighten Oversight of IVF and ART in India

NEW DELHI — In a major step toward regulating India’s rapidly growing, multi-billion-dollar fertility industry, the National Commission for Women (NCW) has constituted high-level expert panels to overhaul the oversight of In Vitro Fertilization (IVF) clinics and Assisted Reproductive Technology (ART) centers nationwide.

Announced on July 9, 2026, and chaired by former Delhi High Court judge Justice Asha Menon, the initiative aims to address widespread systemic gaps in the sector. The initiative focuses on protecting women’s reproductive rights, dignity, privacy, and health safety while tackling persistent ethical violations, financial exploitation, and uneven clinical standards across states.

┌────────────────────────────────────────────────────────────────────────┐
│                        NCW REVIEW STRUCTURE                            │
├────────────────────────────────────────────────────────────────────────┤
│                     High-Level Expert Committee                        │
│                Chair: Justice (Retd.) Asha Menon                       │
├──────────────────────────────┬─────────────────────────────────────────┤
│ Specialized Sub-Panels:      │ Multidisciplinary Expertise:            │
│  • Ethics Group              │  • Judiciary & Law Enforcement          │
│  • Regulatory Oversight      │  • Gynaecology & Reproductive Medicine  │
│  • Medical Safeguards        │  • Forensic Science & Public Policy     │
│                              │  • Ministry of Health Representatives   │
└──────────────────────────────┴─────────────────────────────────────────┘

What the NCW Review Entails

The NCW has established three specialized expert groups alongside a high-level committee comprising stakeholders from medicine, law enforcement, forensic science, gynecology, public policy, and the Union Health Ministry.

This multidisciplinary body is tasked with evaluating the operational realities of two key legislative frameworks:

• The Assisted Reproductive Technology (Regulation) Act, 2021

• The Surrogacy (Regulation) Act, 2021 (along with the 2026 Amendment Rules)

Despite mandatory registration requirements under the National ART & Surrogacy Registry, regulatory compliance alone has proven insufficient to deter malpractice. The commission noted that the expansion of fertility-related medical tourism has heightened concerns regarding the potential circumvention of critical legal safeguards—including sex-selection prohibitions.

“Reproductive healthcare must be guided by the principles of dignity, informed choice, transparency, and accountability. Every woman accessing assisted reproductive services must be assured of safety, ethical treatment, and protection of her rights.”

— National Commission for Women Press Statement

The panels are set to formulate standardized Standard Operating Procedures (SOPs) and clinical protocols to eliminate predatory practices, including exaggerated success promises, pressure into unnecessary repeat cycles, hidden fees, and poor biological traceability of gametes and embryos.

Why Stronger Oversight Is Urgent

Infertility affects an estimated 28 million individuals in India, with roughly 300,000 to 350,000 IVF cycles conducted annually. However, the rapid privatization of fertility services has outpaced enforcement.

          ┌──────────────────────────────────────────────────────────┐
          │            INDIA FERTILITY SECTOR AT A GLANCE            │
          ├─────────────────────────────┬────────────────────────────┤
          │ Estimated Infertility Load  │ 28 Million Individuals     │
          ├─────────────────────────────┼────────────────────────────┤
          │ Annual IVF Cycles           │ 300,000 – 350,000          │
          ├─────────────────────────────┼────────────────────────────┤
          │ Financial Strain            │ ~90% of Couples Face Debt  │
          ├─────────────────────────────┼────────────────────────────┤
          │ Cost Surprises              │ Final Bills Exceed Package │
          │                             │ Quotes by 30% to 60%       │
          └─────────────────────────────┴────────────────────────────┘

Recent investigative cases highlight the vulnerability of patients in an under-regulated system:

• Biological Mix-ups: A high-profile case in Gurugram, where a couple’s DNA tests revealed their IVF-conceived twins shared no genetic link with either parent, exposed critical flaws in sample tracking, identity verification, and laboratory recordkeeping.

• Financial Burden: Government studies indicate nearly 90% of couples undergoing IVF experience financial distress. Unregulated private providers frequently use tiered pricing, leading to final bills exceeding initial quotes by 30% to 60%.

Medical & Legal Expert Commentary

Independent public health professionals and legal scholars emphasize that regulatory overhauls must look beyond paperwork to enforce meaningful patient protections.

Dr. Sunita Sharma, a senior reproductive endocrinologist not affiliated with the NCW panel, notes that informed consent in fertility clinics is frequently treated as a bureaucratic formality rather than a patient-centered process:

“Informed consent is not simply signing a ten-page legal document packed with medical jargon moments before an egg retrieval procedure. It is a continuous dialogic process. Patients must fully understand their real percentage odds of live birth per cycle, the long-term biological risks of ovarian hyperstimulation, and exact diagnostic rationales before agreeing to invasive options.”

Legal scholars writing in peer-reviewed literature, such as the National Medical Journal of India, have similarly pointed out that while the 2021 ART Act created a necessary legislative baseline, state-level implementation remains fragmented. This fragmentation leaves oversight dependent on voluntary compliance by individual clinics.

Public Health Implications & Market Balance

From a public health perspective, establishing clear SOPs and clinical audit trail rules could standardize treatment protocols across India. Better documentation of donor gametes and embryo handling protects biological traceability and helps mitigate egg-donor exploitation.

However, health policy analysts urge caution regarding regulatory overreach.

                     BALANCE IN ART REGULATION
  
  PROTECTIVE SAFEGUARDS                     ACCESSIBILITY & ETHICS
 ┌──────────────────────┐                  ┌──────────────────────┐
 │ • Prevent Fraud      │  ──────────────  │ • Prevent Delays     │
 │ • Mandate Traceability│     BALANCED     │ • Protect Access     │
 │ • Standardize Costs  │    REGULATION    │ • Avoid Over-burden  │
 └──────────────────────┘                  └──────────────────────┘

If inspections become overly bureaucratic or legal compliance creates high administrative costs, smaller, ethical clinics may struggle to stay open. This could drive up overall treatment costs, pushing affordable care further out of reach for lower- and middle-income families. The central policy challenge for the NCW is designing enforceable safeguards that curtail bad actors without creating barriers for legitimate medical care.

Practical Checklist for Intending Parents

For individuals and couples considering or undergoing fertility treatments, expert organizations recommend taking an active, informed role in their care decisions:

• Verify Mandatory Registration: Confirm that both the clinic and its associated gamete bank are formally registered with the National ART & Surrogacy Registry.

• Request Itemized Pricing: Request a complete, itemized cost breakdown in writing before beginning treatment, including costs for medication, ICSI, embryo freezing, storage, and potential extra cycles.

• Evaluate ‘Success Rates’: Ask for success rate figures broken down specifically by age group and live-birth outcomes rather than cumulative pregnancy rates.

• Inspect Consent and Traceability Protocols: Ensure that consent forms are provided well in advance and that the clinic uses double-witness or electronic barcode tracking systems for gametes and embryos.

• Seek Second Opinions: Consult an independent reproductive specialist before committing to expensive add-on therapies or repeated unproven procedures.

Medical Disclaimer: This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.

References

1. https://english.punjabkesari.com/india/ncw-sets-up-3-expert-panels-to-safeguard-womens-reproductive-rights-in-art-and-ivf/