New Format for Consent Forms Proposed Under PCPNDT Act

The Ministry of Health and Family Welfare (MOHFW) has proposed a revised format for consent form G under the Pre-Conception and Pre-Natal Diagnostic Techniques (PC&PNDT) Act, 1994. The new format aims to enhance transparency and ensure informed decision-making by individuals undergoing pre-natal diagnostic procedures.

This consent form is currently required only for invasive procedures, however, the proposed new consent will be required for all invasive or non- invasive techniques, tests or procedures.

Proposed Changes
Consent From Female Individual

The revised form requires individuals to provide explicit consent for specific pre-natal diagnostic procedures. The consent form emphasizes the medical reasons for undergoing the procedures, such as infertility or detecting abnormalities, rather than determining the sex of the fetus.

The form also introduces the word partner in establishing the relationship of the patient.

Moreover, the form includes provisions to safeguard the patient’s rights, including the right to refuse any procedure and the right to be informed about the use of samples.

Additional Consent From Male Individual

The new proposed consent form seeks to explicitly include consent from the husband, partner or father of the patient. Such consent also expressly states that breach of the consent shall make such person liable to be penalized under the Act.

The form goes on to inform the male individual that samples provided by him or his wife or partner shall not be used for any other purpose without his consent.

Declaration of Doctor

The declaration by the doctor shall confirm that both individuals have been informed of all probable side-effects of the procedure. The doctor shall also state that the tests are not performed to determine or select the sex of the child.

The revised consent form aims to strengthen the PNDT Act by promoting ethical medical practices and preventing sex-selective abortions. By ensuring that individuals are fully aware of the implications of these procedures, the government seeks to empower women and protect the rights of the unborn child.

The MOHFW has thus issued a public notice inviting comments on these proposed amendments. The deadline for submitting comments is September 23, 2024.

These comments can be submitted electronically at pndtmohfw@gmail.com or by sending a written letter to the Ministry’s address: Under Secretary (PNDT), Room No. 757, A-Wing, 7th Floor, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi 110 001.

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