Government Interventions - Surrogacy Regulation Bill 2016 (Download PDF)

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Practice where a woman agrees to give birth to a baby. Usually by artificial insemination or surgical implantation. On behalf of another couple.

Surrogacy (Regulation Bill) , 2016

  • Surrogacy is a $ 2.3 billion industry across India annually.
  • Lack of regulation and poverty.

Reports about the exploitation of surrogate mothers:

  • Confined in hostels during pregnancy
  • Not being allowed to meet their families
  • Repeated surrogacy for money
  • Prohibition of commercial surrogacy recommended by the 228th report of the Law Commission.

Provisions

  • Seeks to put an end to commercial surrogacy.
  • Punishable by upto 10 years imprisonment.
  • Allows only altruistic surrogacy (by relatives) for intending legally married childless couples.
  • Ages for female-23 - 50 and for male 26 - 55.
  • All surrogacy clinics to be registered.
  • The surrogate mother cannot be paid however clinics can charge for the services.

Regulating Authorities

  • The national surrogacy board
  • State surrogacy board

Recent Changes

  • The present bill sets a maximum of 10 years.
  • Forbids the surrogate mother to use her own gametes (eggs) .
  • Gives her the option to withdraw before the embryo is implanted.
  • A condition for obtaining a “certificate of essentiality” .

- Published/Last Modified on: April 10, 2020

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