Vidhi Codex

section 4

Regulation of pre-natal diagnostic procedures and techniques

The Maharashtra Regulation of Use of Pre-Natal Diagnostic Techniques Act, 1988
Health198826 sections
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Statutory text
  1. (1) No place including the registered Genetic Counselling Centre or Genetic Clinic or Genetic Laboratory shall be used and no person shall use or cause to be used the pre-natal diagnostic techniques, except for the purposes specified in sub-sections
  2. (2) and (3).
  3. (2) The pre-natal diagnostic technique shall not be used or carried out unless the person qualified to do so is satisfied that any one or more of the following conditions are fulfilled in each case, namely:—
    • (i) Age of the pregnant woman is above 35 years;
    • (ii) History of two or more abortions or foetal loss;
    • (iii) History of exposure to potentially teratogenic drugs, radiation, infection or hazardous chemicals;
    • (iv) Family History of mental retardation or physical deformities such as spastic or deaf-mute child or any other genetic disease;
    • (v) Any other condition as may be approved by the Appropriate Authority.
  4. (3) The pre-natal diagnostic technique shall be carried out under this Act solely for the purpose of detection of any one or more 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 declared by the Appropriate Authority for the purpose of this sub-section.
  5. (4) Before carrying out the pre-natal diagnostic procedures, the person qualified to do so shall obtain a written consent of the female-patient in the prescribed form after all possible side-effects and after-effects of such procedures are clearly explained to her.

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