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Surrogacy Bill

About Surrogacy Bill

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What is 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.
 

Latest Updates on Surrogacy Bill

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

Updated On: 22 Nov 2024 | 10:11 AM IST

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

Updated On: 27 Sep 2024 | 1:09 PM IST

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

Updated On: 24 Jun 2024 | 1:43 PM IST

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

Updated On: 25 Feb 2024 | 11:27 PM IST

The Centre had in March 2023 issued a notification banning donor gametes for couples intending to undergo surrogacy

Updated On: 23 Feb 2024 | 9:43 PM IST

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

Updated On: 23 Feb 2024 | 12:40 PM IST

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

Updated On: 06 Feb 2024 | 11:16 AM IST

Couples contemplating surrogacy must know about their legal obligations

Updated On: 09 Nov 2023 | 8:08 PM IST

"Petitioners have a vested right to parenthood and the amendment cannot be allowed to render their legally-fertilised embryo unviable," the plea said

Updated On: 18 Oct 2023 | 7:46 PM IST

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

Updated On: 09 Oct 2023 | 5:29 PM IST

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

Updated On: 18 Aug 2023 | 4:14 PM IST

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

Updated On: 05 Apr 2023 | 5:28 PM IST

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

Updated On: 10 Jun 2022 | 2:50 PM IST

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

Updated On: 18 Dec 2021 | 1:22 AM IST

Parliament on Wednesday passed a bill to regulate and supervise assisted reproductive technology clinics.

Updated On: 09 Dec 2021 | 2:11 AM IST

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.

Updated On: 06 Dec 2021 | 12:17 PM IST

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

Updated On: 09 Sep 2020 | 6:26 AM IST

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

Updated On: 06 Feb 2020 | 2:35 AM IST

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

Updated On: 19 Nov 2019 | 11:35 PM IST

India's new Surrogacy Bill is nothing less than an assault on the idea of a progressive nation

Updated On: 30 Aug 2019 | 10:30 PM IST