Surrogacy Bill

The Supreme Court has agreed to examine whether a law banning married couples facing secondary infertility from using surrogacy to have a second child amounts to a restriction by the State on the reproductive choices of citizens. An intending couple having any surviving child biologically or through adoption or through surrogacy earlier cannot avail surrogacy procedures for a second child. However, if the surviving child is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure, the couple can avail surrogacy for a second child after obtaining medical certificate from a district medical board and with the approval of the appropriate authority. A bench of Justices BV Nagarathna and R Mahadevan took note of the submission by a lawyer appearing for a couple facing secondary infertility. During the hearing, Justice Nagarathna orally observed that the restriction imposed under the provision was "reasonable" in view of the grow

In the UK, the surrogate is the legal parent at birth but courts can transfer parenthood to the intended parents through a parental order, a surrogacy-specific mechanism designed to be less burdensome

Odisha's policy aims to support families by providing much-needed time for bonding and caregiving, regardless of the method of childbirth

In cases of surrogacy involving government servants, both the surrogate and the commissioning mother (with less than two surviving children) may receive 180 days of maternity leave

The Centre on Wednesday amended the Surrogacy (Regulation) Act 2021, effecting a change that comes after years of debate and advocacy and likely to benefit couples struggling with infertility

The Supreme Court on Friday sought to know which law gives legitimacy to children born outside a formal marriage, be it void or voidable. A voidable marriage is one that can be rendered invalid by the husband or wife through a decree, while a void marriage is invalid at the very inception. A bench of Justices BV Nagarathna and Augustine George Masih sought to know the existing law which gives legitimacy to children born outside marriage while hearing a batch of pleas challenging various provisions and rules of Surrogacy (regulations) Rules, 2022 and Assisted Reproductive Technology (Regulations) (ART) Act of 2021. The bench disposed of a number of petitions in view of the Centre's February 21 notification amending the Surrogacy Rules 2022 and allowing married couples to use an egg or sperm of a donor in case one of the partners is suffering from a medical condition. "Which is the law that gives legitimacy to the children born outside a formal marriage, let it be void or voidable. .

The Centre has amended the surrogacy rules 2022 allowing married couples to use an egg or sperm of a donor in case one of the partners is suffering from a medical condition. The District Medical Board has to certify that either the husband or wife is suffering from a medical condition necessitating the use of donor gamete. "In case when the District Medical Board certifies that either husband or wife constituting the intending couple suffers from a medical condition necessitating use of donor gamete, then surrogacy using donor gamete is allowed," the notification issued on Wednesday said. The surrogacy using donor gamete is allowed subject to the condition that the child to be born through surrogacy must have at least one gamete from the intending couple, it stated. This means if both the partners have medical problems or are unable to have their own gametes they cannot opt for surrogacy. "Single women (widow or divorcee) undergoing surrogacy must use self-eggs and donor sperm to

'A single woman bearing a child outside marriage was the exception rather than the rule in Indian society,' said the Supreme Court

Couples contemplating surrogacy must know about their legal obligations

The Delhi High Court has said the exclusion of "infertile couples" from the benefit of surrogacy prima facie violates their basic right to parenthood as it denies them access to legally and medically-regulated procedures and services. The court's order came on a petition filed by a married couple aggrieved by an amendment to the surrogacy law "effectively barring the use of surrogacy services by infertile couples unless both of them have the ability to generate gametes". The petitioner couple said before the March 14 notification by the Centre that introduced the exclusion in question by amending paragraph 1(d) of Form 2 under rule 7 of the Surrogacy (Regulation) Rules, 2022, they were looking for a surrogate as the wife was found to be infertile, but have now been deprived of their right to parenthood for all times to come and their fertilised embryo has become "legally unviable". A bench headed by Chief Justice Satish Chandra Sharma said the crux of the matter lies in the "apparen

The policy provides inpatient hospitalisation coverage for post-partum delivery complications experienced by the surrogate mother for a 36-month period under the Surrogacy cover

India is in the midst of IVF boom. With people marrying late, lives in cities becoming busier & more stressful, & air pollution taking its toll, more & more couples are turning to IVF for conception

The law, in its current form, bans commercial surrogacy. Furthermore, it aims to regulate the surrogacy industry

After the ban on commercial surrogacy in India, the business has been booming in the former Soviet republic of Georgia

Last week, Rajya Sabha passed the bill after amendments, and returned it to Lok Sabha

Parliament on Wednesday passed a bill to regulate and supervise assisted reproductive technology clinics. The Assisted Reproductive Technology (Regulation) Bill, 2021, which was passed by Lok Sabha on December 1, got the approval of Rajya Sabha with a voice vote. The Upper House also passed The Surrogacy (Regulation) Bill, 2020 with amendments. The proposed bill was earlier passed by Lok Sabha, but Rajya Sabha had referred it to a Select Committee. It will now go back to Lok Sabha for approval. Replying to a discussion on both the bills taken up together, Health Minister Mansukh Mandaviya said that most of the recommendations of the Select Committee have been incorporated in the surrogacy bill. Both the bills seek to curb unethical practices related to issues like sex selection and exploitation of surrogate mothers. The provisions include both monetary penalty as well as jail terms for violations. The minister said these bills are aimed to give respect to women facing problems in

Union Minister for Health and Family Welfare of India Mansukh Mandaviya is scheduled to move 'The Surrogacy (Regulation) Bill 2020' in Rajya Sabha on Monday for consideration and passage.The Bill seeks to constitute the National Surrogacy Board, State Surrogacy Boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy, as passed by Lok Sabha and as reported by the Select Committee of Rajya Sabha.The winter session of Parliament is scheduled to conclude on December 23.

The government on Tuesday informed the Supreme Court that the Surrogacy (Regulation) Bill, 2019, will be placed before the Rajya Sabha in the ensuing Monsoon Session

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 also be allowed to avail surrogac

Prabhu also asked why should surrogacy be restricted to one child as provided in the bill.