Surrogacy (Regulation) Bill 2016: Key Pointers
Sinduja V
Surrogacy (Regulation) Bill 2016: Key Pointers
Yesterday, the Govt. of India approved the Surrogacy (Regulation) Bill 2016, a new bill that seeks to reform the practice of commercial surrogacy in the country, in an attempt to curb exploitation of surrogates. The Bill introduces some sweeping changes and legalizes surrogacy in India in certain forms. The key pointers of the Bill are:

1) Complete ban on commercial surrogacy. Under the provisions of the new Bill, paying the surrogate mother for the process (‘commercial surrogacy’) is completely outlawed. Only the medical expenses for the surrogate mother may be paid for.

2) Only heterosexual Indian couples who have been married for at least 5 years can opt for surrogacy, provided at least one of them has proven infertility, and they have no surviving biological or adopted children (except in special circumstances where the child is mentally or physically challenged, or suffers from a life-threatening disorder or a fatal illness). Once a couple has had one surrogate child, they may never apply for a second surrogate child in their lifetime.

3) For the intending couple, the man must be between 26-55 years of age, while the woman must be between 23-50 years of age. The couple can only approach a “close relative” (to be defined further in the future) to be a surrogate.

4) A woman may become a surrogate only once in her life.

5) Homosexual couples, couples in live-in relationships, singles who may wish to have a child through surrogacy, foreigners, NRIs, and PIOs with Overseas Citizens of India (OCI) cards are all banned from applying for surrogacy in India.

6) A National Surrogacy Board, chaired by the Health Minister, as well as State Surrogacy Boards will be set up to implement the provisions of the Act, and register and regulate surrogacy clinics and hospitals in the country.

7) Only clinics registered under the act can conduct activities and procedures related to surrogacy. All surrogacy clinics must maintain records for at least 25 years.

8) Abandonment of a surrogate child, commercial surrogacy, exploitation of surrogate mothers, and selling or import of human embryos will be cause for imprisonment of at least 10 years and a fine of up to Rs. 10 lakhs. Violation of any other provision of the act will be punishable with imprisonment of at least 5 years and a fine of up to Rs. 10 lakhs.

The GoI has said the Bill will come into effect 10 months from now, giving existing surrogates time to carry their pregnancies to term before the new rules are imposed. For further information, please refer to:
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Thanks for information
Aug 25, 2016Like