WHAT IS SURROGACY BILL

Surrogacy Bill
The Surrogacy (Regulation) Bill 2019 was passed by the Lok Sabha on August 5, 2019. Once the Bill is enacted by Parliament, the central government shall notify the date the commencement of the Act. According to the provisions in the proposed Bill, commercial surrogacy will be prohibited. This includes sale and purchase of human embryos and gametes. Ethical surrogacy for needy couples will be allowed on fulfilment of stipulated conditions.
What is surrogacy?
Surrogacy is an arrangement wherein a surrogate mother bears and delivers a child for a couple or person. In gestational surrogacy, an embryo, which is fertilised by in vitro fertilisation, is implanted into the uterus of the surrogate mother who carries and delivers the baby. In traditional surrogacy, the surrogate mother is impregnated with the sperms of the intended father. Surrogacy may be commercial or altruistic.
What is Altruistic surrogacy
Altruistic surrogacy does not involve monetary considerations, except medical expenses and insurance.
What is commercial surrogacy?
In commercial surrogacy, the woman who gives birth to a child for the intending couple is rewarded for it in cash or kind.
Who can be guilty of commercial surrogacy?
According to the Bill, if an individual is found advertising or undertaking surrogacy, exploiting the surrogate mother, selling, importing, purchasing or trading human embryos or gametes for surrogacy, conducting sex selection for surrogacy, or has abandoned, exploited or disowned a surrogate child, he/she can be imprisoned for up to 10 years and fined of up to Rs 10 lakh.
Who can be a surrogate mother?
* A close relative of the couple
* A married woman with a child of her own, aged 25-35 (She can be a surrogate mother only once in her lifetime)
* Should be certified as medically and psychologically fit
The Surrogacy Bill bans homosexual couples, people in live-in relationships and single individuals from renting a womb.
When is surrogacy permitted?
According to the Bill, only altruistic surrogacy will be permitted in India, in cases where either one or both the members making up the couple suffer from infertility, of which the certificate of essentiality is proof. Additionally, a certificate of eligibility is issued to the intending couple and is proof that the couple has been married for at least five years, and are Indian citizens. The wife must be in the age group of 23-50, and the husband in the age group of 26-55.
The intending couple should not have any surviving biological child, through adoption or through surrogacy. An exception is made if the intending couple has a surviving child who is mentally or physically challenged, or is suffering from a fatal illness with no permanent cure.
Where can surrogacy procedures be carried out?
Only surrogacy clinics registered under the Surrogacy (Regulation) Act, 2019 will be able to perform procedures related to surrogacy.
Important provisions
In case abortion of a surrogate foetus is considered, only the consent of the surrogate mother is required, according to the provisions under the Medical Termination of Pregnancy Act, 1971. The intending couple has no say in this decision. On the other hand, after being born, the child is considered to be the biological child of the intending couple.
SURROGACY BILL NEWS
-
Surrogacy bill to come before Rajya Sabha in coming session, SC told
The government on Tuesday informed the Supreme Court that the Surrogacy (Regulation) Bill, 2019, will be placed before the Rajya ...| September 09, 2020, Wednesday -
Surrogate mother need not be close relative, says Rajya Sabha committee
The committee has also advocated that 'single Indian woman' like a widow or a divorcee in the age group of 35 to 45 years may ...| February 06, 2020, Thursday -
Surrogacy law: RS members want close-relative, 5-year marriage norms eased
Prabhu also asked why should surrogacy be restricted to one child as provided in the bill.| November 19, 2019, Tuesday -
The Surrogacy Bill is an assault on the idea of a progressive nation
India's new Surrogacy Bill is nothing less than an assault on the idea of a progressive nation| August 30, 2019, Friday -
Decoding the bill on surrogacy
There are no easy answers to whether outlawing commercial surrogacy is right or wrong in a country like India, where many ...| August 23, 2019, Friday -
Surrogacy Bill passed in Lok Sabha: Here are 10 points on the legislation
Under this bill, homosexuals, single parents, and live-in couples are not entitled to surrogacy| December 20, 2018, Thursday -
Lok Sabha passes Surrogacy Bill; homosexuals, single parents left out
Foreigners, NRIs and PIOs are not allowed to seek surrogacy in the country| December 19, 2018, Wednesday -
Why surrogacy deserves a global conversation to stop women's exploitation
Surrogacy is reported to bring in US$400m every year to the Indian economy| July 31, 2018, Tuesday -
5-year wait for surrogacy too long for those who marry late: Parl panel
The Panel described the clause as arbitrary and recommended that the period be reduced to 1 year| August 13, 2017, Sunday -
Allow live-in couples, widows to avail of surrogacy: Parliamentary panel
The committee also found no point in restricting NRIs, PIOs, and OCIs from availing of surrogacy| August 11, 2017, Friday