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State of Jammu-Kashmir - Section

Section 4 in Jammu and Kashmir Pre-Conception and Pre-Natal Sex Selection/Determination (Prohibition and Regulation) Act, 2002

4. Regulation of Prenatal Diagnostic Techniques

— On and from the commencement of this Act,—
(a)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 prenatal diagnostic techniques except for the purposes specified in clause (b) and after satisfying any of the conditions specified in clause (c);
(b)no prenatal 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; or
(vi)any other abnormalities or diseases as may be specified by the State Supervisory Board;
(c)no prenatal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing 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 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 maybe specified by the Central Supervisory Board;
(d)no person, including a relative or the husband of the pregnant woman shall seek or encourage the conduct of any prenatal diagnostic techniques on her except for the purpose specified in clause (b); and
(e)no person, including a relative or the husband of a woman or wife shall seek or encourage the conduct of any preconception sex selection technique on her or him or both.