2019 – Posted in: Daily News

SURROGACY (REGULATION) BILL 2019 – All about Surrogacy

For: Preliminary & Mains

Topics covered: Highlights of Surrogacy (Regulation) Bill, What is Surrogacy, All about Surrogacy

News Flash

The Union Cabinet approved the introduction of Surrogacy (Regulation) Bill, 2019. The bill aims to prohibit commercial surrogacy in India.

The Surrogacy (Regulation) Bill was introduced in 2018.

Highlights: Surrogacy (Regulation) Bill

The Bill proposes to regulate surrogacy in India by establishing:

(a) National Surrogacy Board at the central level and

(b) State Surrogacy Boards and Appropriate Authorities in the State and Union Territories.

It allows surrogacy services only for married Indian couples who have no children.
The couple should have been legally married for at least five years.
The act will regulate surrogacy services in the country.
It will prohibit exploitation of surrogate mothers and children born through surrogacy
Commercial surrogacy will be prohibited including the sale and purchase of human embryo and gametes.
Ethical surrogacy to the infertile couples will be allowed on the fulfillment of conditions.

Background

India has emerged as a surrogacy hub for couples from other countries.
There have been reports concerning :

Unethical practices,
The exploitation of surrogate mothers,
Abandonment of children born out of surrogacy, and
Rackets involving intermediaries importing human embryos and gametes.

The 228th report of the Commission of India has recommended:

(i)Prohibiting commercial surrogacy

(ii) Allowing altruistic surrogacy by enacting suitable legislation.

What is Surrogacy?

It is an arrangement, which is supported by a legal agreement.

Under it, a woman agrees to become pregnant and give birth to a child for another person who is or will become the parent of the child.

Who is eligible to be a surrogate mother?

She must be a close relative of the couple intending the surrogacy.
A lady also has to prove all the following conditions:

She was or is married and has a child of her own
Her age must be in 25 to 35 years old bracket
She has not been a surrogate mother before
She possesses a medical certificate of her fitness for surrogacy.

What will be the legal status of a surrogate child?

The Bill states that any child born out of a surrogacy procedure shall be the biological child of the intending couple.
The newborn child will be entitled to all rights and privileges that are available to a natural child.

How is surrogacy regulated under the Bill?

The Bill allows altruistic surrogacy. It involves a surrogacy arrangement where the monetary reward only involves medical expenses and insurance coverage for the surrogate mother.

What is the eligibility for couples intending to surrogacy?

They are Indian citizens.
The Couple has been married for at least five years.
They are in the age group of 23-50 years (female partner) and 26-55 years (male partner)
A medical certificate stating that either or both partners are infertile
They do not have any surviving child (whether biological, adopted or surrogate), except if the surviving child is mentally or physically challenged or suffers from a fatal illness
A court order concerning the parentage and custody of the child to be born through surrogacy
Insurance coverage for the surrogate mother.

Source: Indian Express and Other sources

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