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Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994


CHAPTER III - REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES

          Regulation of pre-natal diagnostic techniques.- On and from the commencement of this Act,--

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

(2) no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following 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).

 (5) Written consent of pregnant woman and prohibition of communicating the sex of foetus.

       (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

          (c)  a copy of her written consent obtained under clause (b) is given to the pregnant woman.

     (2) No person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives the sex of the foetus by words, signs or in any other manner.

 (6)  Determination of sex prohibited.- On and from the commencement of this Act,--

           (a)   no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;

          (b)   no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus.

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